FIRSTAMERICA AUTOMOTIVE, INC. v. SWEENEY

No. H019813.

94 Cal.Rptr.2d 623 (2000)

79 Cal.App.4th 1207

FIRSTAMERICA AUTOMOTIVE, INC., Plaintiff and Appellant, v. Edwin S. SWEENEY, Defendant and Respondent; Arthur S. Lujan, as Labor Commissioner, etc., Intervener and Respondent.

Court of Appeals of California, Sixth District.

Review Granted June 14, 2000.


Attorney(s) appearing for the Case

Fisher & Phillips, Ned A. Fine, John P. Boggs, David J. Reese, Redwood City, for Plaintiff and Appellant.

No appearance by Respondent.

Miles E. Locker, Chief Counsel, Anne Rosenzweig, Staff Counsel, for Intervenor and Respondent.


BAMATTRE-MANOUKIAN, Acting P.J.

In this appeal we decide whether an employee's claim for unpaid wages should be heard by an arbitrator or by California's Labor Commissioner. The employer and employee agreed to submit all disputes arising from their employment contract to binding arbitration under the Federal Arbitration Act ("FAA," 9 U.S.C., § 1 et seq.). However, California Labor Code section 229 specifically exempts from arbitration claims for unpaid wages...

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