Technician's Misclassification Suit Can't Be Arbitrated
Law360 (October 16, 2020, 8:23 PM EDT) -- A car mechanic dispatcher can't enforce an arbitration agreement in a technician's minimum wage, overtime and business expense suit because he filed it under California's unique law that deputizes workers to sue on the state's behalf, a state appeals court has ruled.
The three-judge panel's unanimous decision found that arbitration is not allowed as a threshold step to determine whether Jonathan Provost, whom YourMechanic Inc. considered an independent contractor, should have been classified as an employee, which is a necessary element for standing to allege wage violations on behalf of other workers under the Private Attorneys General Act.
YourMechanic cannot enforce...
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