Oswald

FACTS AND PROCEDURAL HISTORY

Appellant Murray Plumbing and Heating Corporation (Murray) briefly employed respondent Jerome Oswald as a journeyman pipefitter in 2019–2020. In 2020, Oswald sued for civil penalties under PAGA. He alleges that Murray did not provide meal and rest breaks or accurate wage statements; pay all wages in a timely manner; or reimburse business expenses. The parties’ employment relationship is governed by a Master Agreement (Agreement) between Oswald’s union and Murray’s contractor association, effective from 2017 to 2026. The Agreement is a CBA requiring arbitration of disputes—including ones arising under PAGA—as the sole and exclusive remedy. Murray invoked the Agreement and moved to compel arbitration, which Oswald opposed. The trial court found section 2699.6 does not apply and denied Murray’s motion on February 16, 2021.

Undesignated statutory references are to the Labor Code. 2 On April 8, 2021, three days after Murray appealed the court’s ruling, the parties’ collective bargaining representatives signed a “Memorandum of Understanding Waiver of PAGA and Class Action Claims” (MOU). The MOU replaces the CBA’s original arbitration clause and is…