Lara v. Onsite Health, Inc.

896 F. Supp. 2d 831, 2012 WL 4097712, 2012 U.S. Dist. LEXIS 132546
CourtDistrict Court, N.D. California
DecidedSeptember 17, 2012
DocketNo. CV 12-3337 MEJ
StatusPublished
Cited by16 cases

This text of 896 F. Supp. 2d 831 (Lara v. Onsite Health, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lara v. Onsite Health, Inc., 896 F. Supp. 2d 831, 2012 WL 4097712, 2012 U.S. Dist. LEXIS 132546 (N.D. Cal. 2012).

Opinion

ORDER GRANTING DEFENDANT’S MOTION TO COMPEL ARBITRATION

MARIA-ELENA JAMES, United States Chief Magistrate Judge.

INTRODUCTION

Gloria Lara brings this lawsuit against Defendant Onsite Health, Inc. alleging a retaliatory discharge based on her opposition to Onsite’s violations of minimum wage and overtime laws. Compl. ¶ 1, Dkt. No. 1. Pending before the Court is Onsite’s Motion to Compel Arbitration. Dkt. No. 5. Pursuant to Civil Local Rule 7~l(b), the Court finds this matter suitable for disposition without oral argument and VACATES the September 20, 2012 hearing. After consideration of the parties’ briefs, and controlling authorities, the Court GRANTS Onsite’s Motion.

BACKGROUND

The following factual background is taken from Lara’s Complaint. Onsite provides mobile dental and medical services to governmental and private entities. Compl. ¶ 5. Lara began working for Onsite in 2008 as a part-time hourly wage employee doing registered dental assistant work, earning $28.00 per hour. Id. ¶¶ 5, 6. Starting in July 2010, Lara began working full-time for Onsite, earning $2,427.09 twice a month. Id. ¶ 6. As part of her employment, Lara signed the following Binding Arbitration Agreement on July 30, 2010:

To aid in the rapid and economical resolution of any disputes which may arise under this offer letter agreement, you and Onsite Health, Inc. (the Company) agree that any and all claims, disputes or controversies of any nature whatsoever arising from or regarding the interpretation, performance, negotiation, execution, enforcement or breach of this offer letter agreement, your employment, or the termination of your employment, shall be resolved, to the greatest extent permitted by applicable law, by confidential, final and binding arbitration conducted before a single arbitrator with JAMS, Inc ... or ... the American Arbitration Association (“AAA”).... You and the company acknowledge that by agreeing to this arbitration procedure, we each waive the right to resolve any such dispute through a jury by trial, judge or administrative proceeding. You will have the right to be represented by legal counsel at any arbitration proceeding. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be available under applicable law in a court proceeding; and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator’s essential findings and conclusions on which the award is based. The Company shall bear JAMS’ arbitration fees and administrative costs. [837]*837Nothing in this Agreement shall prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration.

Ritz Deck, Ex. 1, Dkt. No. 6-2 (emphasis in original).

As a full-time employee, Lara alleges that she was a non-exempt employee, but she regularly worked overtime, often working 10 hours per day. Id.

On April 20, 2011, Lara notified Onsite that she needed to be out for a disability leave. Id. ¶ 7. Onsite approved the leave for seven days. Id. At the same time, Lara also notified Onsite that she believed it was wrong to not pay her overtime. Id. ¶ 8. Onsite responded that Lara was a full-time salaried employee and was therefore not entitled to overtime compensation. Id. ¶ 9.

Lara’s disability leave was subsequently extended by her treating health care provider until June 1, 2011, with a return to work date of June 2. Id. ¶ 11. Lara emailed Laurie Mann (her immediate supervisor) and Paula Ritz (Onsite’s Director of Human Resources) on May 25 and 31, 2011, stating that she intended to return to work on June 2 and asking for a schedule. Id. ¶¶ 12, 13. However, on June 1, 2011, Lara received an email from Ritz stating that her position with Onsite had been eliminated due to organizational restructuring and a lack of business. Id. ¶¶ 12, 14.

Lara filed the present Complaint on June 28, 2012. She alleges retaliatory discharge under 29 U.S.C. § 216, wrongful discharge, failure to grant a reasonable accommodation for her disability, violation of California Labor Code section 2699, and claims under the California Fair Employment and Housing Act (“FEHA”).

On August 9, 2012, Onsite filed the present Motion to Compel Arbitration. Dkt. No. 5-1. In its motion, Onsite argues that Lara is bound by the July 30 Arbitration Agreement. Def.’s Mot. at 2. Specifically, Onsite argues that there is a valid Arbitration Agreement, neither party has waived the right to arbitrate, and no grounds exist for invalidating the provision. Id. at 2, 3, 5. Onsite also seeks an order under 9 U.S.C. § 3 staying the pending litigation. Id. In response, Lara argues that the Arbitration Agreement is both proeedurally and substantively unconscionable, and it is therefore invalid and unenforceable. Pl.’s Opp’n at 1, Dkt. No. 6.

LEGAL STANDARD

Under the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds that exist at law or in equity for the revocation of a contract.” 9 U.S.C. § 2; see AT & T Mobility, LLC v. Concepcion, — U.S.-, -, 131 S.Ct. 1740, 1746, 179 L.Ed.2d 742 (2011). Section 4 of the FAA permits a “party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration [to] petition any United States district court ... for an order directing that ... arbitration proceed in the manner provided for in [the arbitration] agreement.” 9 U.S.C. § 4. If the court is satisfied “that the making of the arbitration agreement or the failure to comply with the agreement is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement.” Id.

The FAA reflects “both a ‘liberal federal policy favoring arbitration,’ and the ‘fundamental principle that arbitration is a matter of contract.’ ” Concepcion, 131 S.Ct. at 1745 (quoting Moses H. Cone [838]*838Mem’l Hosp. v. Mercury Const. Corp., 460 U.S. 1, 24, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983) and Rent-A-Center, West, Inc. v. Jackson, — U.S. -, -, 130 S.Ct. 2772, 2776, 177 L.Ed.2d 403 (2010)). “In line with these principles, courts must place arbitration agreements on an equal footing with other contracts ... and enforce them according to their terms.” Id. at 1745-46 (citing Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 443, 126 S.Ct. 1204, 163 L.Ed.2d 1038 (2006) and Volt Info. Sci, Inc. v. Bd. of Tr.

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Cite This Page — Counsel Stack

Bluebook (online)
896 F. Supp. 2d 831, 2012 WL 4097712, 2012 U.S. Dist. LEXIS 132546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lara-v-onsite-health-inc-cand-2012.