California Appellate Tracker

Rosales v. Uber Technologies, Inc. (2021)

May 13, 2021

Following Contreras v. Superior Court (2021) 61 Cal.App.5th 461 and Provost v. YourMechanic, Inc. (2020) 55 Cal.App.5th 982, this decision holds that even when the arbitration agreement delegates arbitrability issues to the arbitrator, a plaintiff bringing a PAGA claim cannot be compelled to arbitrate the threshold issue of whether she is an “employee” with standing to bring a PAGA claim for violation of Labor Code sections applicable only to “employees” not independent contractors.

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Rosales v. Uber Technologies, Inc. (2021)

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