Firm wins appeal limiting forced arbitration in wage theft case

May 8, 2020 – Firm lawyers Nick Carlin and Brian Conlon scored another victory for California workers by convincing California’s First Appellate District Court of Appeal to affirm Alameda County Superior Court Judge Winifred Y. Smith’s order rejecting auto dealership Hanlees Auto Group’s attempt to compel arbitration of most of firm client Thomas Jarboe’s class, individual, and representative wage theft claims. The First District agreed with the firm that Hanless’ arbitration agreement was limited to only the defendant identified in the agreement and did not apply to claims against the individual owners of that car dealership or the other 12 dealership defendants. The First District also agreed that Judge Smith correctly refused to stay Mr. Jarboe’s Private Attorney General Act (“PAGA”) claim and remaining wage and hour claims against all but the signatory defendant, while the parties arbitrate Mr. Jarboe’s individual claims against the signatory. The appellate court awarded the firm’s costs on appeal. The case is expected to return to the Alameda Superior Court for further proceedings on the client’s PAGA and other claims shortly.

UPDATE - May 29, 2020 - Firm lawyers Nicholas Carlin and Brian Conlon, joined by the California Labor Commissioner, successfully requested that the First Circuit Court of Appeal publish the firm’s appellate victory. Future wage theft victims can now rely on it to help vindicate their rights and the rights of their co-workers as aggrieved employees deputized by the State of California to enforce its employment laws in court.