Following the California Supreme Court's decision in Iskanian v. CLS Transportation (reported in the July 2014 FEB), a California federal district court ruled that plaintiff Faine Davis must arbitrate her individual wage-related claims and she waived related class action claims. Davis sued Nordstrom, on behalf of herself and a putative class of salaried managers for failing to pay overtime, missed meal and rest periods, and other Labor Code violations. Nordstrom unsuccessfully moved to enforce its policy that required Davis to arbitrate her individual claims and that barred her from pursuing most class actions. On remand after appeal and following the Iskanian decision, the district court recognized that the arbitration provision, including its class action waiver, was enforceable. Still, the court allowed Davis 28 days to amend her complaint should she wish to pursue claims in court on behalf of the state under the Private Attorney General Act.
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