29 Cited authorities

First Options of Chi., Inc. v. Kaplan
514 U.S. 938 (1995) Cited 5,342 times 47 Legal Analyses
Holding that a circuit court reviewing a district court's disposition of an arbitration award should apply "ordinary, not special, standards."
Rent-A-Ctr. v. Jackson
561 U.S. 63 (2010) Cited 2,607 times 62 Legal Analyses
Holding that "an arbitration provision is severable from the remainder of the contract," even where the contract containing the arbitration provision is itself an arbitration agreement (quoting Buckeye , 546 U.S. at 445, 126 S.Ct. 1204 )
Circuit City Stores, Inc. v. Adams
532 U.S. 105 (2001) Cited 1,534 times 51 Legal Analyses
Holding that the phrase "any other class of workers engaged in ... commerce," following the specific examples of seamen and railroad employees, includes only "transportation workers," because construing it to include all other workers "fails to give independent effect to the statute’s enumeration of the specific categories of workers" that precede it
Cronus Invs., Inc. v. Concierge Servs.
35 Cal.4th 376 (Cal. 2005) Cited 195 times 1 Legal Analyses
Holding that section 1281.2, subd. (c) "does not undermine or frustrate the FAA's substantive policy favoring arbitration" and, thus, is not preempted
Ashbey v. Archstone Prop. Mgmt., Inc.
785 F.3d 1320 (9th Cir. 2015) Cited 140 times 1 Legal Analyses
Holding that, under the Federal Arbitration Act, the party seeking to compel arbitration has the burden to show that a valid agreement to arbitrate exists and the agreement encompasses the dispute at issue
Sandquist v. Lebo Automotive, Inc.
1 Cal.5th 233 (Cal. 2016) Cited 135 times 5 Legal Analyses
Holding that an error regarding who should interpret a class action provision in an arbitration agreement was not amenable to prejudice analysis
Ruiz v. Moss Bros. Auto Group, Inc.
232 Cal.App.4th 836 (Cal. Ct. App. 2014) Cited 131 times 8 Legal Analyses
Finding insufficient declarant's "only offer[ing] her unsupported assertion that [plaintiff] was the person who electronically signed the 2011 agreement"
Rodriguez v. American Technologies, Inc.
136 Cal.App.4th 1110 (Cal. Ct. App. 2006) Cited 108 times 1 Legal Analyses
Holding that although the scope of an arbitration clause generally is a question for the court, parties clearly and unmistakably agreed to have the arbitrator determine the scope of the clause where the contract mandated arbitration in accordance with AAA Rules
Aanderud v. Superior Court of Kern Cnty.
13 Cal.App.5th 880 (Cal. Ct. App. 2017) Cited 70 times 1 Legal Analyses
Concluding "it is the arbitrator who will consider ... whether the [class waiver] provision purports to waive the [plaintiffs'] right to seek public injunctive relief in all fora and, if so, what impact this has on the enforceability of the arbitration provision as a whole"
In re Facebook Biometric Info. Privacy Litig.
185 F. Supp. 3d 1155 (N.D. Cal. 2016) Cited 71 times 4 Legal Analyses
Holding that it "would be contrary to [Illinois] policy in the starkest way possible" to enforce a contractual choice-of-law provision that would foreclose the plaintiffs’ BIPA claims
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,819 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate
9 U.S.C. § 2 Cited 10,867 times 117 Legal Analyses
Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"
Section 226 - Itemized statement of wages
Cal. Lab. Code § 226 Cited 2,235 times 117 Legal Analyses
Providing only statutory penalties
Section 201 - Computation and payment of wages upon discharge
Cal. Lab. Code § 201 Cited 1,747 times 20 Legal Analyses
Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"
Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage
Cal. Lab. Code § 1194 Cited 1,739 times 10 Legal Analyses
Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action
Section 510 - Eight hour workday; compensation for overtime
Cal. Lab. Code § 510 Cited 1,581 times 29 Legal Analyses
Requiring employers to pay 1.5 times the "regular rate of pay" for overtime
Section 2802 - Indemnification for necessary expenditures and losses incurred in direct consequence of discharge of duties
Cal. Lab. Code § 2802 Cited 1,078 times 122 Legal Analyses
Pertaining to expense reimbursements
Section 202 - Employees not under contract; notice; state employees
Cal. Lab. Code § 202 Cited 742 times 7 Legal Analyses
Awarding immediate payment of all earned and unpaid wages upon discharge, layoff, or resignation
Section 204 - Payment of wages; frequency
Cal. Lab. Code § 204 Cited 644 times 19 Legal Analyses
Requiring semi-monthly payments within specified dates for work performed within specified dates
Section 1197 - Minimum wage paid to employees
Cal. Lab. Code § 1197 Cited 592 times 3 Legal Analyses
Making it "unlawful" to pay "lower wage than the minimum" provided by law

Order Submitted Matter

29 Cited authorities

Holding that a circuit court reviewing a district court's disposition of an arbitration award should apply "ordinary, not special, standards."

Holding that "an arbitration provision is severable from the remainder of the contract," even where the contract containing the arbitration provision is itself an arbitration agreement (quoting Buckeye , 546 U.S. at 445, 126 S.Ct. 1204 )

Holding that section 1281.2, subd. (c) "does not undermine or frustrate the FAA's substantive policy favoring arbitration" and, thus, is not preempted

Holding that, under the Federal Arbitration Act, the party seeking to compel arbitration has the burden to show that a valid agreement to arbitrate exists and the agreement encompasses the dispute at issue

Holding that an error regarding who should interpret a class action provision in an arbitration agreement was not amenable to prejudice analysis

Finding insufficient declarant's "only offer[ing] her unsupported assertion that [plaintiff] was the person who electronically signed the 2011 agreement"

Holding that although the scope of an arbitration clause generally is a question for the court, parties clearly and unmistakably agreed to have the arbitrator determine the scope of the clause where the contract mandated arbitration in accordance with AAA Rules

Concluding "it is the arbitrator who will consider ... whether the [class waiver] provision purports to waive the [plaintiffs'] right to seek public injunctive relief in all fora and, if so, what impact this has on the enforceability of the arbitration provision as a whole"

Holding that it "would be contrary to [Illinois] policy in the starkest way possible" to enforce a contractual choice-of-law provision that would foreclose the plaintiffs’ BIPA claims

Prohibiting unlawful business practices

Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

Providing only statutory penalties

Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action

Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

Pertaining to expense reimbursements

Awarding immediate payment of all earned and unpaid wages upon discharge, layoff, or resignation

Requiring semi-monthly payments within specified dates for work performed within specified dates

Making it "unlawful" to pay "lower wage than the minimum" provided by law