California court rules on case between apprentice electrician and employer
Upholding an arbitration agreement with multiple unconscionable terms would incentivize an employer to draft a one-sided arbitration agreement in the hopes that employees would not challenge the unlawful provisions, the California Court of Appeal said in a recent case.
Facility Solutions Group, Inc. (FSG) – the defendant in the case of Mills v. Facility Solutions Group, Inc. – employed the plaintiff as an apprentice electrician from October 2018 to August 2019. The plaintiff reviewed FSG’s onboarding documents using a cellphone and electronically signed a two-page, single-spaced, small-print employee arbitration agreement.
Under the arbitration agreement, the plaintiff and FSG agreed to submit any disputes arising during or after employment to binding arbitration. The agreement included a severability clause stating that, if any of the agreement’s provisions were invalidated, that determination would not affect the validity of the rest of the agreement.
On Nov. 20, 2020, the plaintiff filed a class action against FSG on behalf of himself and other past or present employees. He alleged violations of California’s Labor Code for the following:
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