Hernandez

BACKGROUND

In 2019, Milipza Andrade Hernandez was hired as a housekeeper by GNIMGT, Inc., an entity that that operates a chain of “Good Nite Inn” economy hotels in California. In 2021, it terminated her employment, and several months later she sued GNIMGT, Inc., Good Nite Inn, Inc., Good Nite Inn Management, Inc. and 15 Good Nite Inns situated in locations

2 around California, along with two individuals, Nicholas Ho and Philip Ho, who are president and/or hold managing interests in the Inns (collectively Good Nite Inns), on her own and others’ behalf alleging violations of the Labor Code and Labor Commission work orders, including failing to: pay overtime compensation, provide and pay properly for statutorily required meal and rest breaks, reimburse for necessary business expenses and pay wages due on termination of employment. Shortly after Hernandez filed suit, Good Nite Inns moved to compel arbitration of Hernandez’s claims, asserting she had signed an arbitration agreement at the outset of her employment. They submitted a declaration from their Human Resources Manager, Liz Gutierrez, attaching an arbitration agreement, in English, that she obtained from Hernandez’s personnel…