Arbitration Agreement’s Delegation Clause is Not Unconscionable, Calif. App. Ct. Rules

LOS ANGELES — A delegation clause requiring an arbitrator to resolve issues relating to the enforceability of an arbitration agreement is not unconscionable because it does not provide for a biased decision maker, a California appellate court has ruled in a wage and hour action.

In a June 17 opinion, the 2nd District California Court of Appeal further found that the clause is clear and unmistakable and is not “overly harsh or so one-sided as to shock the conscience.”

Keeya Malone filed a wage and hour action in the Los Angeles Superior Court against her former employer, California Bank & …