Avery

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BO AVERY, et al., Case No. 3:22-cv-02733-JSC

Plaintiffs,

DEFENDANT’S MOTION TO

v. COMPEL ARBITRATION

TEKSYSTEMS, INC., Re: Dkt. No. 105 Defendant.

12 A class of Recruiters for TEKsystems, Inc. (“TEK”) allege TEK improperly classifies Plaintiffs and other Recruiters as exempt from California overtime, wage, and hour laws and therefore illegally underpays Recruiters. Now pending before the Court is Defendant’s motion to compel arbitration (Dkt. No. 105). Having carefully considered the briefing, and with the benefit of oral argument on August 15, 2024, the Court DENIES Defendant’s motion to compel arbitration. TEK’s imposition of the arbitration agreement after class certification was fully briefed was misleading and interfered with the Recruiters’ rights. Further, TEK waived any right to arbitration of the claims of certified class members by litigating this action for two years before filing the motion to compel…