Laborers Pacific Southwest Regional Organizing Coalition v. Gomez CA4/1

I.

INTRODUCTION

Laborers Pacific Southwest Regional Organizing Coalition (Coalition) appeals

from an order denying its first amended petition to compel arbitration, and subsequent

motion to compel arbitration, of a complaint that its former employee, Demetrio Gomez,

Jr. (Gomez) filed with the California Labor Commissioner (the Commissioner) to recover

unpaid overtime pay, liquidated damages for failure to pay minimum wage, vacation pay,

and statutory penalties.1 Coalition contends that the court erred in finding the arbitration

agreement between Coalition and Gomez to be unconscionable and therefore

unenforceable. We agree and, accordingly, reverse.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Gomez was employed by Coalition from August 4, 2003 to January 3, 2013.

According to Gomez's declaration in opposition to Coalition's motion to compel

arbitration, he and approximately 25 other Coalition employees attended a meeting on

November 9, 2012 in which two management employees of Coalition presented Gomez

and the other employees with an arbitration agreement and told them that they had to sign

Julie Su, in her capacity as the commissioner and chief of the…