As we have noted throughout the years, interpreting the California Private Attorneys General Act (PAGA) can be a difficult task. California adopted PAGA to support the state Labor and Workforce Development Agency’s...more
In May, the Supreme Court determined that employers may continue to rely on the enforceability of arbitration agreements with class and collective action waivers. In 2018 and beyond, lower courts will begin interpretation of...more
Employers, plaintiffs, and courts continue to grapple with the difficult issue of the interplay between the California Private Attorneys General Act (“PAGA”) and arbitration agreements. We’ve addressed these issues several...more
We have been following how California courts deal with the intersection of Private Attorneys General Act (“PAGA”) claims and individual arbitration agreements after Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th...more
On July 13, 2017, the California Supreme Court rejected lower court holdings that limited an employee’s ability to secure statewide employee contact and employment information in a representative PAGA action, when the...more
In a March 8, 2017, article, we talked about how the Ninth Circuit Court of Appeals compelled the arbitration of a California Private Attorney General Act (PAGA) representative claim in Valdez v. Terminix International Co.,...more
So much case law has come down in the past several years regarding California’s Private Attorneys General Act (PAGA) – and its ability to withstand class and representative action waivers – that observers might have...more
Not only did Uber respond to the district court’s December 9, 2015, ruling (discussed in our December 11 blog) with an immediate notice of appeal, but on December 11 it rolled out a new arbitration agreement for its drivers....more
The Ninth Circuit Decision -
Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the state-court-fashioned Iskanian rule, which...more
10/9/2015
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
Class Action Arbitration Waivers ,
Coca Cola ,
Federal Arbitration Act ,
Iskanian ,
Iskanian v CLS Transportation ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Unpaid Overtime ,
Wage and Hour
For a second time the U.S. Supreme Court declined to hear a case challenging a California Supreme Court holding that the state’s Private Attorneys General Act (PAGA) could not be waived in a mandatory arbitration agreement....more
6/4/2015
/ Arbitration ,
Arbitration Agreements ,
Bridgestone ,
CA Supreme Court ,
Class Action ,
Class Action Arbitration Waivers ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Wage and Hour
The divide continues between California and federal law on whether an arbitration agreement can entirely waive an employee’s ability to seek classwide or multiparty representational relief. The Supreme Court on Tuesday denied...more
1/22/2015
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
CLS Transportation ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian ,
Mandatory Arbitration Clauses ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Trucking Industry
In an October 22, 2014, posting, we addressed the growing divide between California federal district courts and the California Supreme Court over whether an arbitration agreement can waive an employee’s right to pursue a...more
One of the last barriers to full enforcement of arbitration agreements with class action waivers sustained another blow last week. A California federal district court disagreed with the California Supreme Court in holding...more