A former employee has taken legal action against an organic fertilizer company, alleging multiple violations of labor laws. Jesus Silva filed a class action complaint against True Organic Products, Inc. in the Monterey County Superior Court on January 25, 2023.
Silva's complaint accuses True Organic of failing to comply with various provisions of the California Labor Code and Business and Professions Code. The allegations include unpaid wages, failure to provide meal and rest breaks, improper reimbursement for business expenses, and unfair competition practices. Silva worked as a maintenance mechanic at True Organic from November 2016 to August 2019. He claims that these violations affected not only him but also other current and former hourly-paid or non-exempt employees within California.
True Organic responded by filing a petition to compel arbitration based on agreements signed by Silva during his employment. These agreements mandated arbitration for any disputes arising out of their employment relationship. Despite Silva's opposition, arguing that the California Arbitration Act should apply instead of the Federal Arbitration Act due to his job responsibilities not involving interstate commerce, the trial court granted True Organic's petition. The court ordered the parties to arbitrate Silva’s individual claims while dismissing his representative class claims without prejudice due to lack of standing.
Silva appealed this decision, contending that the trial court’s order amounted to a de facto final judgment under the "death knell" doctrine, making it appealable. However, the appellate court dismissed Silva’s appeal, ruling that orders compelling arbitration are generally not immediately appealable unless they terminate class claims entirely with prejudice—which was not the case here since the dismissal was without prejudice.
Silva is seeking relief in the form of compensation for unpaid wages, penalties for labor code violations, and restitution for unfair competition practices. He also aims to secure injunctive relief to prevent further violations by True Organic.
The judges presiding over this matter are Danner, Bamattre-Manoukian (Acting P.J.), and Bromberg in Case ID H051482.