Vasserman v. Henry Mayo Newhall Memorial Hospital
Annotate this CasePlaintiff, a registered nurse, filed suit against the Hospital, alleging violations of the California Labor Code and other statutes relating to meal and rest breaks, unpaid wages, and unpaid overtime compensation. The trial court denied the Hospital's motion to compel arbitration. The court clarified that the dispute at issue is not over plaintiff's substantive rights, but over the forum in which those rights are to be determined. The court reasoned that, if those rights are to be determined only by arbitration, a collective bargaining agreement must make that clear. The court concluded that the collective bargaining agreement in this case required arbitration of claims arising under the agreement, but it did not include an explicitly stated, clear and unmistakable waiver of the right to a judicial forum for claims based on statute. Accordingly, the court affirmed the trial court judgment.
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