Salazar

I.

FACTS AND PROCEDURAL HISTORY

In his first amended complaint, Salazar alleged, on behalf of himself and others

similarly situated, that defendant Apple failed to pay wages and/or overtime pay and

violated sections 201 to 203, and section 212 of the Labor Code. Salazar pleaded causes

of action for: (1) damages for violation of Labor Code section 212; (2) waiting time

penalties under Labor Code section 203; (3) injunctive relief and restitution for unfair

competition in violation of Business and Professions Code section 17200; and (4)

penalties under PAGA.

3 Apple answered the first amended complaint, and subsequently petitioned the

superior court to compel Salazar to arbitrate his claims. In support of its petition, Apple

submitted an arbitration agreement that Salazar signed as a condition of his employment.

The agreement provided that, by signing, Salazar “agree[d] that all legal claims or

disputes covered by the Agreement must be submitted to binding arbitration and that this

binding arbitration will be the sole and exclusive final remedy for resolving any such

claim or dispute.” The “legal claims” covered by the agreement included “claims for

wages or other…