A collective bargaining agreement can provide for arbitration of workers’ statutory claims as well as workers’ claims arising under the agreement.  However, to do so, the arbitration requirement must be explicitly stated, clear and unmistakable.  Here, the collective bargaining agreement explicitly required arbitration of only claims arising under the agreement.  While other portions of the agreement mentioned California wage and hour laws, none of them required arbitration of statutory claims.  The district court correctly denied the employer’s motion to compel arbitration of the plaintiff’s claim for violation of California Labor Code and other statutes governing meal and rest breaks, unpaid wages and unpaid overtime compensation.

California Court of Appeal, Second District, Division 4 (Collins, J.); February 7, 2017; 2017 WL 491700