Octavio Sanchez worked as a delivery driver at a Domino's Pizza restaurant owned by Western Pizza. He

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Octavio Sanchez worked as a delivery driver at a Domino's Pizza restaurant owned by Western Pizza. He drove his own car in making deliveries. His hourly wage ranged from the legal minimum wage to approximately $0.50 above minimum wage. Western Pizza reimburses him at a fixed rate of $0.80 per delivery regardless of the number of miles driven or actual expenses incurred. Sanchez brought this class action against Western Pizza, alleging that the flat rate at which drivers were reimbursed for delivery expenses violated wage and hour laws and that the drivers were paid less than the legal minimum wage.
Sanchez and Western Pizza are parties to an undated arbitration agreement. The agreement states that
(1) The execution of the agreement "is not a mandatory condition of employment";
(2) Any dispute that the parties are unable to resolve informally will be submitted to binding arbitration before an arbitrator approved by both parties and "selected from the then-current Employment Arbitration panel of the Dispute Eradication Services";
(3) The parties waive the right to a jury trial;
(4) The arbitration fees will be borne by Western Pizza, and except as otherwise required by law, each party will bear its own attorney fees and costs;
(5) Small claims may be resolved by a summary small claims procedure; and
(6) The parties waive the right to bring class arbitration. Should Sanchez be compelled to submit to arbitration to resolve his complaint? Explain.
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Smith and Robersons Business Law

ISBN: 978-1337094757

17th edition

Authors: Richard A. Mann, Barry S. Roberts

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