Case: Wage & Hour/Arbitration (Cal. Ct. App. 2d Dist.)

A California Court of Appeal affirmed the partial denial of a motion to compel arbitration brought by Maersk Warehousing & Distribution Services USA LLC, Maersk Inc., and Simplified Labor Staffing Solutions Inc. against a forklift driver’s claims for unpaid minimum wages under state labor law and civil penalties under the Private Attorneys General Act, holding that the state labor law exempts wage claims from arbitration regardless of whether pursued individually or as a class action, and that PAGA claims cannot be compelled to arbitration when the Federal Arbitration Act does not apply.

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