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Hernandez v. Ross Stores

In a former employee's single-count representative action filed under the California Private Attorney General Act, Labor Code section 2698 et. seq.(PAGA), alleging retailer/employer defendant had violated numerous Labor Code laws, the trial court's order denying the motion to compel arbitration is affirmed where: 1) there is no authority supporting defendant's argument that an employer may legally compel an employee to arbitrate the individual aspects of his PAGA claim while maintaining the representative claim in court; and 2) requiring an employee to litigate a PAGA claim in multiple forums would thwart the public policy of PAGA to 'empower employees to enforce the Labor Code' on behalf of the state.