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Petition To Compel Arbitration Denied.

October 29, 2014 by Leave a Comment

Arbitration In a wage and hour claim, a plaintiff signed an agreement with her employer. In the 2001 Agreement, the parties agreed to mediate “any dispute arising out of” employment, except “workers’ compensation claims, unemployment insurance[,] and matters governed by the California Labor Commissioner[.]” The arbitration provision provided as follows: “Arbitration. In the event mediation does not resolve the parties’ dispute, Employee and [Employer] agree to submit all disputes arising from employment (excepting workers’ compensation claims, unemployment insurance[,] and matters governed by the California Labor Commissioner), including[,] but not limited to breach of contract, wrongful termination, violation of public policy, discrimination, and harassment to binding arbitration with the American Arbitration Association (‘AAA’) under the AAA National Rules for the Resolution of Employment Disputes.” The trial court concluded the agreement expressly excluded statutory wage claims from the arbitration obligation. The appellate court agreed. (Rebolledo v. Tilly’s, Inc. (Cal. App. Fourth Dist., Div. 3; August 6, 2014) 228 Cal.App.4th 900, [175 Cal.Rptr.3d 612].)

Filed Under: Appellate Law News, Arbitration Law News, Employment Law News, Labor Law News, Legal News

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