Quevedo

ORDER RE: DEFENDANTS’ MOTION TO COMPEL ARBITRATION

I. INTRODUCTION

Plaintiff Carlos Quevedo (“Quevedo” or “Plaintiff’) brought this putative class action against Macy’s, Inc., and Macy’s Department Stores, Inc. (collectively, “Macy’s” or “Defendants”) seeking redress for Macy’s failure to timely pay all wages owed upon termination as required by California Labor Code sections 201 and 202. (See generally Docket No. 23, Second Am. Compl. (“SAC”).) On behalf of himself and other former employees who “were not paid their final wages timely upon separation of employment,” Quevedo asserts two causes of action. (Id. ¶¶ 4, 12-33.) Specifically, Quevedo asserts a claim for waiting time penalties under Labor Code section 203 for failure to pay wages promptly upon termination in violation of sections 201 and 202 and a claim for civil penalties pursuant to Labor Code section 2699 for those same violations. (Id. ¶¶ 12-33.) The Court previously dismissed Quevedo’s claims to the extent they relied on alleged section 202 violations based on a failure to timely pay final wages to employees who had resigned. (Docket No. 30, 7/6/09 Order.)

On March 9, 2011, the Court denied Plaintiffs original…