OTO, LLC v. Koh

An arbitration agreement containing a waiver of the wage claim provisions of the Labor Code is not unconscionable so long as the resulting arbitration procedure is affordable and accessible. An agreement is not unconscionable because it does not expressly inform a worker that the employer will pay the arbitral costs of a wage claim. The absence of representation by the labor commissioner does not make arbitration unaffordable. An arbitration proceeding that would resemble ordinary civil litigation is still accessible. An arbitration agreement's failure to designate a manner of commencing arbitration does not render the agreement unconscionable. An employer's delay in asserting its right to arbitrate does not waive its right to avoid a Berman hearing absent a showing of prejudice.

OTO, LLC v. Koh - filed Aug. 21, 2017, First District, Div. One
Cite as 2017 S.O.S. 4177

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