Sierra Pacific loses arbitration after litigation conduct in wage-and-hour case

In November 2022, the trial court certified eight classes. Between January 27 and March 8, 2023, Sierra Pacific produced more than 3,400 signed arbitration agreements. On March 10, 2023, it moved to compel arbitration as to absent class members who had signed agreements. Plaintiffs opposed, arguing Sierra Pacific had waived arbitration by withholding signed agreements despite the 2020 order, engaging in extensive discovery involving signatories, relying on signatories’ declarations in opposing class certification, and participating in mediations aimed at classwide resolution.