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

A California appellate court affirmed a trial court’s denial of Sierra Pacific Industries’ motion to compel arbitration of an employee’s class action claims for wage and hour violations, where Sierra Pacific’s conduct of defending the case without mentioning arbitration despite being ordered to produce arbitration agreements constituted waiver and was inconsistent with an intent to arbitrate, and Sierra didn’t seek arbitration until after eight plaintiff classes were certified.