February 07, 2017
Civil Procedure, Dispute Resolution & Arbitration (California Court of Appeal) - In a suit by a former employee against her former hospital employer for violations of the California Labor Code and other statutes relating to meal and rest breaks, unpaid wages, and unpaid overtime compensation, the trial court's denial of the hospital's motion to compel arbitraiton where: 1) this dispute is not over plaintiff's substantive rights, but instead the forum in which those rights are to be determined; 2) if those rights are to be determined only by arbitration, a collective bargaining agreement must make that clear; and 3) the collective bargaining agreement (CBA) here required arbitration of claims arising under the agreement, but it did not include an explicitly stated, clear and unmistakable waiver of the right to a judicial forum for claims based on statute.
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