Kho
Oto, L. L.C. v. Kho
Opinion
Lead Opinion
Corrigan, J.
*117 Here, we again consider the enforceability of an agreement requiring arbitration of wage disputes.
*118 Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 , 121 Cal.Rptr.3d 58 , 247 P.3d 130 ( Sonic I ) concluded that such arbitration agreements are categorically unconscionable because workers waive their statutory rights to a "Berman hearing" and related procedures designed to assist in the recovery of unpaid wages. (See Lab. Code, § 98 et seq. ) 1 Rather than invalidating the entire agreement, however, Sonic I held that while Berman protections could not be waived, any party dissatisfied with the Berman hearing's result could move the dispute to arbitration. ( Sonic I , at pp. 669, 675, 121 Cal.Rptr.3d 58 , 247 P.3d 130 .) The United States Supreme Court vacated that judgment and remanded for consideration in light of AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333 , 131 S.Ct. 1740 , 179 L.Ed.2d 742 ( Concepcion ). Thereafter, we determined Sonic I 's categorical rule of unconscionability was preempted by the Federal Arbitration Act (FAA; 9 U.S.C. § 1 et seq. ). ( Sonic-Calabasas A, Inc. v. Moreno (2013) 57 Cal.4th 1109 , 1146, 163 Cal.Rptr.3d 269 , 311 P.3d 184 (…