Perez

BACKGROUND

Perez worked as a motorman for Kenai from April 8 to April 19, 2014. On April 8, Perez completed a new-hire orientation process, during which he was given an arbitration agreement that provided “any controversy, dispute or claim arising out of or relating to [his] employment with [Kenai], including the termination of employment,” would be subject to binding arbitration. The agreement prohibited representative or group claims by providing that the arbitrator had no authority to “consolidate the claims of different Employees, entertain class actions or representative actions of any kind, or permit joinder.” The agreement gave Perez until May 8, 2014, to opt out, and provided that his failure to opt out by that date would “be deemed acceptance of” the agreement. Also on April 8, 2014, Perez signed an acknowledgment form in which he certified that “a member of Kenai’s management team explained the terms of Kenai’s binding arbitration program, its effective date, and the opt-out procedures,” he “was able to ask any questions that [he] had related to Kenai’s binding arbitration program, its effective date, and the opt-out procedures,” and he understood Kenai’s binding…