Carstens, Inc., Dba Carstens Health Industries, Inc., Anillinois Corporation, Plaintiff-appellant, v. Jane Mckenzie, Individual, Defendant-appellee, 87 F.3d 1317 (9th Cir. 1996)Annotate this Case
Before: SNEED, PREGERSON and KOZINSKI, Circuit Judges.
The arbitration clause did not cover McKenzie's claims. FEHA claims and intentional torts are neither "dispute [s] concerning interpretation of" nor "transaction [s] contemplated by" the contract. Nor is McKenzie's status as an employee or an independent contractor subject to arbitration because it isn't a question governed by the terms of the contract. Rather, it turns on a multi-factor, factual determination governed by California law. See Cal.Lab.Code § 3353; Cal.Code Regs. tit. 2, § 7286.5(b); S.G. Borello & Sons, Inc. v. Department of Indus. Relations, 48 Cal. 3d 341, 349 (1989).