Julian
Julian v. Glenair, Inc.
Opinion
lead Opinion
Manella, J.
*860 Appellant Glenair, Inc., challenges the denial of its motion to compel arbitration of respondents' claim under the Labor Code Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et seq. ). Glenair contends an agreement respondents executed during their employment with the company was an enforceable postdispute agreement obligating them to arbitrate the claim. We hold that an agreement to arbitrate a PAGA claim, entered into before an employee is statutorily authorized to bring such a claim on behalf of the state, is an unenforceable predispute waiver. As any agreement by respondents was entered into before they were authorized to bring a PAGA claim, the trial court properly denied the petition to compel.
RELEVANT FACTUAL AND PROCEDURAL BACKGROUND
A. Events Preceding Underlying Action
Respondents Malissa and Machele Julian began their employment with Glenair, respectively, in 2012 and 2013. 1 In *802 April 2013, an action was commenced against Glenair (L.A. County Super. Ct. Case No. BC505602) in which Roxane Rojas was ultimately identified as the principal named plaintiff (the Rojas action). Rojas's first amended complaint, filed February 14, 2014, asserted…