Papke

FACTS AND PROCEDURAL HISTORY

In October 2011, Network Capital hired Papke as an employee. Papke signed the “Employment Acknowledgment and Agreement” (Arbitration Agreement), which required the parties to “utilize binding arbitration to resolve all disputes that may arise out of or be related to [his] employment in any way.” The Arbitration Agreement further states, “Both the Company and I agree that any claim, dispute, and/or controversy that either I may have against the Company . . . , or the Company may have against me, shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act . . . . Included within the scope of this Agreement are all disputes, whether based on tort, contract, statute . . . , equitable law, or otherwise. The only exception to the requirement of binding arbitration shall be for claims arising under the National Labor Relations Act which are brought before the National Labor Relations Board, claims for medical and disability benefits under the California Workers’ Compensation Act, Employment Development Department Claims, or as may otherwise be required by state or federal law. . . .” In June 2013, Papke initiated…