Hensley v. Medely CA2/2

Filed 9/30/22 Hensley v. Medely CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

JEAN HENSLEY, B311571

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. 19STCV10238)

MEDELY, INC.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Yolanda Orozco, Judge. Reversed with directions. K&L Gates, Eugene Ryu and Penny Chen for Defendant and Appellant. Aegis Law Firm, Samuel A. Wong, Kashif Haque, Jessica L. Campbell and Fawn F. Bekam for Plaintiff and Respondent.

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Appellant Medely, Inc. operates an online platform to help healthcare workers seeking jobs connect with medical facilities needing workers. Respondent Jean Hensley found jobs through Medely’s platform. Despite agreeing to arbitrate disputes under the Federal Arbitration Act (FAA) (9 U.S.C.S. § 1 et seq.), Hensley sued Medely on behalf of herself and others under the Private Attorneys General Act of 2004 (PAGA) for alleged Labor Code violations. (Lab. Code, § 2698 et seq.)1 The Supreme Court recently held that an employer is entitled under the FAA to compel arbitration of an employee’s individual claims, separate and apart from PAGA claims alleged on behalf of others. (Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. ___ [142 S.Ct. 1906, 213 L.Ed.2d 179] (Viking).) Following Viking, we reverse the order denying Medely’s motion to compel arbitration and direct the court to enter a new order requiring Hensley to arbitrate her individual claims. FACTS AND PROCEDURAL HISTORY Hensley’s Lawsuit Hensley used Medely’s online platform to find nursing work at healthcare facilities. Medely classified her as an independent contractor. Hensley filed suit in 2019 “on behalf of herself and all other aggrieved employees employed by [Medely] through[out] California.” She seeks civil penalties under PAGA for willful employment misclassification and failure to pay overtime wages, provide meal periods or rest breaks, provide accurate itemized wage statements, maintain accurate records, timely pay wages or reimburse business expenses.