By Travis Anderson and Gregg A. Fisch  In Elijahjuan v. Superior
Court, Case No. B234794 (2nd Dist, Div. 8, Oct. 17, 2012), the
California Court of Appeal held that the specific language of an
agreement did not require plaintiffs to arbitrate their claims
for misclassification as independent contractors in a wage and
hour putative class action, concluding that the arbitration
language covered only disputes arising from the “application or
interpretation” of the plaintiffs’ work agreements.  Plaintiffs
were truck drivers who filed a class action lawsuit against Mike
Campbell & Associates (“Campbell”), claiming that they were
denied wage-and-hour benefits under the California Labor Code,
as a result of allegedly being misclassified as independent
contractors. Plaintiffs also sued for violation of the Unfair
Business Practices Act and negligent misrepresentation.
Plaintiffs had each signed a work agreement with Campbell,
stating that they were independent contractors, not employees,
and not subject to the contro