Mealey's (February 14, 2023, 12:34 PM EST) -- SAN FRANCISCO — A delay of nearly 10 months between the filing of an employee’s wage-and-hour putative class complaint and the employer’s motion to compel arbitration did not signal a waiver of arbitration by the employer as arbitration was pleaded as an affirmative defense in the employer’s answers and the employer “did not actively litigate the merits of the case for a prolonged period,” a Ninth Circuit U.S. Court of Appeals panel ruled Feb. 13....