Schwenk

FACTS

The Postlitigation Proposed Arbitration Agreement Schwenk began working for Bristol Farms in 2009. In September 2020, he filed the lawsuit underlying this action, styled a “class action complaint for[] violation of Labor Code [section] 226; and []violation of Labor Code [sections] 2689, et seq” (capitalization omitted.) Schwenk alleged the first cause of action on behalf of himself and a putative class and the second cause of action on behalf of himself and the state pursuant to the Private Attorneys General Act (PAGA). Bristol Farms filed a demurrer to 1 the complaint that was overruled; then it filed its answer in February 2021.

1 Bristol Farms filed an unsuccessful writ petition asking this court to reverse the trial court’s demurrer ruling. The petition is immaterial to this appeal.

2 In May 2021, Bristol Farms created the document central to this appeal, titled the “Mutual Agreement to Arbitrate Disputes” (the arbitration agreement), and distributed it to its employees. The arbitration agreement stated that if consent was given, it would “govern[] how disputes and claims that arise out of or relate to the employment relationship between [employees] and [Bristol Farms…