Following The Rules Set At The Beginning Of The Arbitration Game.

When Bloomingdales hired plaintiff, she received a set of documents including advisement that its policy was to resolve disputes through arbitration unless she returned an enclosed form within 30 days electing, as the form put it, “NOT to be covered by the benefits of arbitration.” Plaintiff thereafter filed a class action against Bloomingdales for unpaid overtime wages. The case was removed to federal court, and the district court dismissed it. The Ninth Circuit affirmed, stating plaintiff had the right to opt out of the arbitration agreement, and had she done so she would be free to pursue the class action, but that she “freely elected to arbitrate employment-related disputes on an individual basis.” (Johnmohammadi v. Bloomingdales (Ninth Circuit June 23, 2014)755 F.3d 1072.) http://cdn.ca9.uscourts.gov/datastore/opinions/2014/06/23/12-55578.pdf