ELL SCOTUS Series # 5 – MHN v. Zaborowski

On October 1, 2015, the U.S. Supreme Court agreed to hear MHN Government Services, Inc. v. Zaborowski, an appeal from a Ninth Circuit decision refusing to compel arbitration in a wage case.

 

The Holdings Below. Zaborowski contracted with MHN to provide counseling services to military personnel and their families.  At the beginning of their work relationship, Zaborowski signed an agreement to arbitrate claims against MHN.  That agreement contained a severability clause, which required the striking of any term in the agreement that a court deemed unenforceable while enforcing the remaining terms.  Claiming that MHN misclassified him and other consultants as “independent contractors,” rather than “employees,” Zaborowski filed suit in the Northern District of California seeking alleged overtime wages.  In response, MHN filed a motion to compel Zaborowski to arbitrate his claims.