After respondent Luis Betanco filed a class action lawsuit and a separate action under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.) against appellants Living Spaces Furniture, LLC (Living Spaces) and Of Service Transportation, LLC (Of Service), appellants filed a motion to compel arbitration.  The trial court granted in part and denied in part the motion.  Appellants first contend that the court erred in concluding that Betanco was a “transportation worker” under section 1 of the Federal Arbitration Act (FAA, 9 U.S.C. § 1 et seq.) and thus exempt from the Act.  We reject the contention because Betanco was actively engaged in the interstate transportation of goods even though he made retail (as opposed to wholesale) deliveries.  We also reject appellants’ second contention that the trial court was required to dismiss Betanco’s non-individual PAGA claims.

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https://www4.courts.ca.gov/opinions/documents/A169754.PDF