Bower

Defendant Inter-Con Security Systems, Inc. (Inter-Con), appeals from an order denying its petition to compel arbitration of a putative wage and hour class action filed by plaintiff Brian Bower. Inter-Con contends the trial court erred in finding that it waived its right to compel arbitration by engaging in litigation conduct inconsistent with the right to demand arbitration. Inter-Con further argues that Bower’s claims should be arbitrated and that the arbitration should be limited in scope to Bower’s individual claims in light of a waiver of class claims contained in the parties’ arbitration agreement. Because we conclude there was substantial evidence to support the trial court’s finding of waiver, we affirm the order denying the petition to compel.

Factual and Procedural Background

Bower was employed by Inter-Con as an armed security officer from April 2007 until he was terminated in May 2011. He executed an initial arbitration agreement at the commencement of his employment in which he agreed to submit all disputes with Inter-Con to arbitration. Claims for compensation and wages were expressly covered by the agreement. In May 2008, Bower executed a second…