California Court Rejects Order Compelling Class Arbitration of Wage-Hour Claims, Follows Gentry

Questioning the continuing viability of a California Supreme Court’s decision in light of recent U.S. Supreme Court holdings, the California Court of Appeal has vacated an order directing the parties to engage in a class arbitration of wage-hour claims, finding the employees, in any event, failed to satisfy the State Supreme Court’s standards for prosecuting class claims. Truly Nolen of Am. v. Superior Court, No. D060519 (Cal. Ct. App. Aug. 13, 2012). The Court returned the case to the trial court to determine whether, in the first instance, the parties impliedly agreed to permit class arbitration.