Reyes

Plaintiff and respondent Felicia Reyes has moved to dismiss the appeal of defendants Macy’s, Inc., Macy’s West Stores, Inc., and Jan Noll (collectively Macy’s). The appeal is from an order granting Macy’s motion to compel arbitration of plaintiff’s individual claims but denying the request to dismiss class allegations and plaintiff’s claim under the Labor Code Private Attorneys General Act of 2004 (PAGA), Labor Code section 2698 et seq. We shall grant the motion to dismiss the appeal because that portion of the trial court’s order granting Macy’s own motion to compel arbitration of the individual claims is not appealable, and the remainder of the order denying the motion to dismiss representative claims is not a final judgment and, therefore, also is not appealable at this time.

FACTUAL AND PROCEDURAL HISTORY

Plaintiff is currently employed by Macy’s as a sales associate. Her second amended complaint filed on behalf of herself and those similarly situated against Macy’s alleges causes of action for failure to pay overtime wages pursuant to Labor Code section 1194; failure to reimburse for expenses in violation of Labor Code section 2802 and wage order No. 7-2001; and…