9th Circ. Warns Employers Not To Overreach On Arbitration
By Abigail Rubenstein
Law360, New York (October 29, 2013, 9:04 PM ET) -- The Ninth Circuit's decision Monday not to enforce Ralphs Grocery Co.'s individual arbitration agreement in a proposed wage-and-hour class action because it was unconscionable under California law should caution employers not to overreach by crafting one-sided arbitration policies, attorneys say.
In a unanimous ruling, a three-judge panel upheld a California federal judge's decision refusing to send former Ralph's deli clerk Zenia Chavarria's wage-and-hour claims to individual arbitration in her proposed class action against the grocery chain.
The panel concluded that the store's arbitration policy, which workers...