Hensley

FACTS AND PROCEDURAL HISTORY

Hensley’s Lawsuit Hensley used Medely’s online platform to find nursing work at healthcare facilities. Medely classified her as an independent contractor. Hensley filed suit in 2019 “on behalf of herself and all other aggrieved employees employed by [Medely] through[out] California.” She seeks civil penalties under PAGA for willful employment misclassification and failure to pay overtime wages, provide meal periods or rest breaks, provide accurate itemized wage statements, maintain accurate records, timely pay wages or reimburse business expenses.

Undesignated statutory references are to the Labor Code.

2 Medely’s Motion to Compel Arbitration Medely, a software company, has an online platform that healthcare professionals use to find short term jobs at medical facilities. To access the platform, professionals create accounts and agree to the terms of a service agreement (Agreement). Each time users book jobs, they must reconfirm their acceptance of the Agreement. Medely’s chief executive Waleed Nasr declares that that Hensley created an account in July 2017 and booked six jobs using Medely’s platform. Each time, Hensley logged onto her account…