Young

Young v. REMX

Good Law
Court of Appeal of CaliforniaAugust 17, 2016A143786California1,829 words

Opinion

Opinion

Simons, J.

BACKGROUND

Plaintiff’s operative first amended complaint (complaint) alleges that, after her employment with defendants terminated, defendants failed to timely pay her all of her final wages. The complaint asserts, on behalf of plaintiff and a putative class, a cause of action for this failure under Labor Code sections 201 through 203. The complaint also

1 asserts a representative PAGA claim seeking civil penalties on behalf of plaintiff and other aggrieved employees.1 Defendants filed a motion to compel individual arbitration, dismiss plaintiff’s class claims, and bifurcate and stay the PAGA claim. In support of the motion, defendants submitted an arbitration agreement signed by plaintiff. The arbitration agreement provided any disputes “arising out of or relating to my employment or the termination of my employment” will be submitted to arbitration. The agreement further provided “[a]ny such claims must be submitted on an individual basis only and I hereby waive the right to bring or join any type of collective or class claim in arbitration, in any court, or in any other forum.” Defendants conceded in their motion that under Iskanian v. CLS Transportation Los Angeles, LLC…

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