News & Analysis as of

Class Action Employment Litigation Federal Arbitration Act

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
ArentFox Schiff

ArentFox Schiff's 2023 Class Action Year in Review

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ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

Carlton Fields

Expect Focus - Volume III, September 2023

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Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

Perkins Coie

California Supreme Court Limits Utility of Arbitration Agreements for PAGA Claims

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California’s Private Attorneys General Act (PAGA) authorizes current and former employees to bring a representative action for civil penalties on behalf of the state against an employer for Labor Code violations committed...more

Wilson Sonsini Goodrich & Rosati

California Supreme Court Rules Employees Can Pursue PAGA Claims on Behalf of Other Aggrieved Employees in Court Despite...

On July 17, 2023, the California Supreme Court ruled that where an employee has brought a California Private Attorneys General Act (PAGA) action that is comprised of both individual and non-individual claims, a court order...more

BakerHostetler

PAGA Standing Allows a Plaintiff to Have One Foot in a Compelled Individual Arbitration and One Foot in a Representative Court...

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On July 17, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. (Cal. Sup. Ct. Case No. S274671), in which it addressed whether a plaintiff who is compelled to arbitrate their individual...more

Meyers Nave

Recent Developments Since the Viking River Cruises Decision: 5 Key Things California Employers Need To Know

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What Happens to the “Non-individual” PAGA Claims Now that Viking River Cruises Compels Arbitration of the “Individual” PAGA Claim? The U.S. Supreme Court’s 2022 decision in Viking River Cruises v. Moriana was widely seen...more

Benesch

Ninth Circuit Nixes California’s Employment Arbitration Agreement Ban

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Last week, the Ninth Circuit issued a significant ruling in Chamber of Commerce v. Bonta, concluding that California’s Assembly Bill 51 (“AB 51”) is preempted by the Federal Arbitration Act (“FAA”). AB 51, which was passed by...more

CDF Labor Law LLP

CA Court of Appeal Upholds Arbitration Agreement Under FAA Preemption

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Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] Viking River Cruises: The Future of PAGA Arbitration

In this episode, Akin Gump Supreme Court and appellate practice senior counsel Aileen McGrath and labor and employment counsel Jonathan Slowik discuss California’s Private Attorneys General Act (PAGA) and the significance of...more

Jones Day

Supreme Court Upholds Representative Action Waivers In Employee Arbitration Agreements

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Case Overview - On June 15, 2022, the United States Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana, No. 20-1573. The Court held that the rule from Iskanian v. CLS Transportation Los Angeles,...more

Proskauer - California Employment Law

The U.S. Supreme Court Says PAGA Representative Action Waivers Are Enforceable After All

On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme...more

Epstein Becker & Green

#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave -...

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This week, we look at two significant court decisions for employers and bring you a practical update on new bereavement leave rules in Illinois. SCOTUS: FAA Preempts California’s PAGA Loophole Last week, the U.S. Supreme...more

Amundsen Davis LLC

Are Arbitration Agreements Mounting a Comeback in California?

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On June 15, 2022, the United States Supreme Court held that the Federal Arbitration Act (FAA) partially preempts a rule of California law that invalidates contractual waivers of the right to assert representative claims under...more

Stark & Stark

Use It or Lose It: Supreme Court Rules Against Special Rules Favoring Arbitration When Deciding Waiver of That Right

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On May 23, 2022, the U.S. Supreme Court, in a unanimous decision, decided Morgan v. Sundance, Inc., No. 21-328, in favor of an employee who sued her employer, a Taco Bell franchisee, for wage theft. The Court concluded that...more

Stokes Wagner

Supreme Court Rules California Employee Is Bound By Arbitration Agreement She Signed and Thus, Lacks Standing to Bring...

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On May 15, 2022, the U.S. Supreme Court issued the much-anticipated and employer-favorable ruling in Viking River Cruises v. Moriana, holding, in an 8-1 decision, that the Federal Arbitration Act (FAA) preempts the California...more

Troutman Pepper

SCOTUS Invalidates CA Law Preventing Arbitration of Individual PAGA Claims When a Valid Arbitration Agreement Exists

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In its 12th case regarding arbitration in the last five years, the Roberts court fascination with the dispute resolution method continues. In the second of two decisions regarding arbitration this week, the Court...more

Carlton Fields

PAGA Claims Sent Down the River: Supreme Court Gives California Employers Major Victory in Viking Cruises Arbitration Case

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Representative actions brought under California’s Private Attorneys General Act (PAGA) have been the bane of that state’s labor lawyers’ existence since PAGA’s enactment in 2004. Thanks to this week’s Supreme Court decision...more

Ballard Spahr LLP

Employer prevails in latest FAA preemption ruling from U.S. Supreme Court

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The U.S. Supreme Court has once again confirmed that the Federal Arbitration Act (FAA) preempts incompatible state laws that preclude contracting parties from controlling which claims are subject to arbitration. Ruling in...more

Haight Brown & Bonesteel LLP

U.S. Supreme Court Finds the FAA Preempts PAGA and Holds Individual PAGA Claims Can Be Compelled to Arbitration

On June 15, 2022, the United States Supreme Court rendered an opinion in Viking River Cruises, Inc. v. Moriana that will have significant consequences for California employers and claims made under the Private Attorneys...more

Littler

Supreme Court Permits Arbitration of Individual PAGA Claims

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The United States Supreme Court’s decision in Viking River Cruises v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act...more

Holland & Knight LLP

U.S. Supreme Court Holds Individual PAGA Claims May Be Compelled to Arbitration

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The U.S. Supreme Court issued an 8-1 decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. __ (2022) on June 15, 2022, holding that the Federal Arbitration Act (FAA) preempts the California Supreme Court ruling in...more

CDF Labor Law LLP

US Supreme Court Raids California’s PAGA Jurisprudence in Viking River

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Wednesday, the United States Supreme Court issued a highly anticipated decision in Viking River Cruises v. Moriana.  The decision addresses the apparent conflict between the Federal Arbitration Act (FAA) and California’s...more

Benesch

Supreme Court Provides Roadmap for Avoiding Large PAGA Actions

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On June 15, 2022, in Viking River Cruises vs. Moriana, the U.S. Supreme Court ruled 8-1 (with Justice Thomas the lone dissenter) that employers can compel arbitration of an employee's individual claims regarding labor code...more

Mintz - Employment Viewpoints

The Supreme Court Strikes a Blow to PAGA: What California Employers Need to Know

The U.S. Supreme Court has given businesses with California employees the option (at least for now) to avoid employee-initiated court proceedings under California’s Private Attorneys General Act (PAGA). On June 15, 2022, the...more

Perkins Coie

US Supreme Court Cracks the Door Slightly Open for Arbitration of PAGA Claims

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California’s Private Attorneys General Act (PAGA) is a statute that authorizes employees to bring an action for civil penalties on behalf of the state against an employer for Labor Code violations committed against the...more

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