Samaniego

Empire Today, LLC (Empire), a national carpet and flooring business, appeals from the superior court’s refusal to compel contractual arbitration of claims by carpet installers that Empire violated multiple provisions of the Labor Code. The court found the arbitration provision was unconscionable under California law. We affirm. We hold the provision is unconscionable and unenforceable under Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83 [ 99 Cal.Rptr.2d 745 , 6 P.3d 669 ] (Armendariz); that our consideration of the issues is governed by California law; and that the recent decision of the Supreme Court of the United States in AT&T Mobility LLC v. Concepcion (2011) 563 U.S._[ 179 L.Ed.2d 742 , *1142 131 S.Ct. 1740 ] (Concepcion) does not change our analysis. We also hold the trial court did not abuse its discretion when it declined to sever the unconscionable contract provisions in order to otherwise enforce the arbitration clause or when it rejected Empire’s late-filed reply declarations.

BACKGROUND

Plaintiffs Salome Samaniego and Juventino Garcia work or worked as carpet installers for Flooring Install, Inc., an alleged subsidiary or…