Bloomberg Law
Feb. 6, 2023, 6:13 PM

Xerox Business Services’ Request to Trim Wage Class Ruled Tardy

Peter Hayes
Peter Hayes

Xerox Business Services LLC waived its right to compel nearly 3,000 call-center employees to arbitrate their minimum wage class action claims, the Ninth Circuit ruled.

XBS failed to assert a 2002 arbitration provision until after the class was certified, the US Court of Appeals for the Ninth Circuit ruled, in an opinion written by Judge Carlos T. Bea.

“XBS’s behavior was inconsistent with” its arbitration rights under the 2002 Dispute Resolution Plan “because it evinced a strong preference for judicial resolution of the 2002 DRP signatories’ claims on the merits,” Bea said.

“Further undercutting XBS’s position” are “its own actions ...