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California Mechanic’s Wage Suit Advances; Needn’t Split Claims

Oct. 16, 2020, 8:28 PM

A California mechanic alleging wage and hour violations against his employer under the Private Attorneys General Act doesn’t have to arbitrate whether he has standing to bring the claim, despite a detailed arbitration agreement, because doing so would require splitting the action into two, a state appeals court said.

Jonathan Provost sued mobile mechanic service YourMechanic Inc. on behalf of similarly situated employees and the state, alleging various labor code violations and willful misclassification of Provost and others as independent contractors.

YourMechanic sought to compel arbitration over whether Provost was an “aggrieved employee” within the meaning of California law and ...