YourMechanic, Inc. v. Provost
Pending petition
Issues: (1) Whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement that includes a pre-dispute waiver of representative claims, including under California’s Labor Code Private Attorneys General Act of 2004; (2) whether under the FAA a dispute regarding the arbitrability of a plaintiff’s independent contractor classification in a PAGA action must be resolved by an arbitrator pursuant to a valid and enforceable delegation clause; and (3) whether under the FAA a dispute regarding a plaintiff’s independent contractor classification is a private contractual dispute that must be arbitrated before the plaintiff may pursue a PAGA action as an “aggrieved employee” where the parties have agreed to arbitrate that threshold dispute.