Calif. Court Won't Force Arbitration In Hooters Wage Suit

Law360, New York (February 15, 2012, 3:20 PM EST) -- A California appeals court ruled Tuesday that a group of Hooters franchises had waived their right to compel arbitration in a putative class action brought by employees who allege improper tip pooling and other wage law violations.

Affirming a lower court's decision to deny the franchise owner Hott Wings Inc.'s bid to compel arbitration, the appeals court ruled that they had waived their right to arbitration by conducting “voluminous discovery” to gain information regarding plaintiffs' case.

The putative class action, lodged in May 2009, contends Hott...
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