Hoover v. American Income Life Insurance Company: California Court Rules That Labor Code Wage Claims Are Not Subject To Arbitration


by Sayema Hameed

In the “fluid and volatile” world of employee arbitration agreements, the California Court of Appeal has issued yet another opinion.  In the wage-and-hour case Hoover v. American Income Life Insurance Company (Fourth District, Div. Tow, Case No. E052864, filed 5/16/12, pub. ordered 6/13/12), the Court ruled that the plaintiff’s statutory wage claims under the California Labor Code and Business and Professions Code were not subject to arbitration.  In addition, the defendant’s 15-month delay in seeking arbitration constituted a waiver of the right to compel arbitration.