Monday, August 18, 2014

Within the Jurisdiction . . .

Rebolledo v. Tilly’s, Inc., No. G048625 (D4d3 Aug. 6, 2014)

The court here holds that an arbitration clause’s exclusion of “any matter within the jurisdiction of the California Labor Commissioner” applies to wage claims brought in superior court when they could have been brought before the Labor Commissioner. Those matters are thus within the Commissioner’s concurrent jurisdiction, even if the plaintiff did not elect to bring them in that forum. So the employee can’t be compelled to arbitrate those claims.


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