Baker v. Aubry

1 Citing brief

  1. SONIC-CALABASAS A, INC. v. MORENO

    Appellant’s Supplemental Brief

    Filed March 13, 2012

    Ferrer ((2008) 552 U.S. 346, 359.)’ In that case, the United States Supreme Court held that California’s “unwaivable right” that original jurisdiction be given to the California Labor Commissioner for certain claims under the Talent Agencies Act was preempted by the Federal Arbitration Act—ie., that States cannot require exhaustion of * The United States Supreme Court and the California courts have previously confirmed that that Labor Commissioner process cannot overcome the preemptive effect of the FAA. (Perry v. Thomas (1987) 482 U.S. 483, 498 [California statute purporting to preserve judicial jurisdiction notwithstanding arbitration preempted]); Baker _v. Aubrey (1989) 216 Cal.App.3d 1259 (administrative agency, Department of Labor Standards Enforcement, dismissed a wage claim filed by an employee subject to an arbitration agreement despite Labor Code sec. 229.) 9 administrative adjudication as a condition of arbitration.