Xing

FACTS

Winn manufactures and sells polymer grips for golf clubs and other items. Xing worked for Winn as an hourly, non-exempt employee from November 2021 to March 2022. Before she started work, Xing was given a number of onboarding documents to sign, including a four-page arbitration agreement. The agreement provides that any claims or controversies between Xing and Winn, including claims for wages or statutory violations, must be resolved by arbitration, but it expressly excludes “claims by Winn for injunctive relief and/or unauthorized disclosure of trade secrets or confidential information.” The agreement enables the arbitrator to award any remedies or relief provided for under the substantive law governing the arbitrated claims, and it specifies that the parties will be responsible for their own attorney fees and for the costs of arbitration. It also includes a severability clause.

1 In light of this holding, we need not reach other issues raised on

appeal, such as whether the Federal Arbitration Act applies or whether certain elements of contract formation were lacking. Notably, regardless of whether the agreement is governed by the FAA, the general law of…