News & Analysis as of November 17, 2024

Viking River Cruises Inc v Moriana

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Viking River Who? Another Cautionary Tale About Arbitration Agreement Drafting

Proskauer - California Employment Law on 4/30/2024

A recent unpublished California Court of Appeal decision, Hegemier v. A Better Life Recovery LLC, Cal. Ct. App., 4th Dist., No. G061892, demonstrates the potential consequence of drafting an arbitration agreement without...more

California Supreme Court Unanimously Decides to Not Follow Viking River

ArentFox Schiff on 7/28/2023

In a much-anticipated decision, the California Supreme Court in Adolph v. Uber Technologies unanimously held that a plaintiff, compelled to arbitrate individual claims under the Private Attorneys General Act (PAGA), does not...more

Adolph v. Uber Technologies, Inc.: Plaintiffs Compelled to Arbitrate Their Individual PAGA Claims May Still Litigate...

Pillsbury Winthrop Shaw Pittman LLP on 7/27/2023

To have Private Attorneys General Act (PAGA) standing, a plaintiff must be an “aggrieved employee,” which is an individual who worked for an alleged violator and personally sustained at least one Labor Code violation. ...more

California Supreme Court Clarifies PAGA Standing When “Individual PAGA Claims” Have Been Compelled to Arbitration

Sheppard Mullin Richter & Hampton LLP on 7/25/2023

On July 17, 2023, the California Supreme Court decided an important state law issue raised by the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022). Viking River Cruises...more

PAGA Standing and Arbitration: What California Employers Need to Know Now That the California Supreme Court Has Spoken

Meyers Nave on 7/21/2023

On July 17, 2023, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. With this decision California employers need to understand that plaintiffs do not lose standing when individual...more

California Supreme Court’s Adolph v. Uber Technologies, Inc. Decision Reopens the Door for Representative PAGA Claims in Court

Snell & Wilmer on 7/20/2023

California employers’ short-lived victory in the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana last June was substantially undone on Monday by the California Supreme Court’s decision in Adolph v. Uber...more

PAGA Plaintiffs Can Still Pursue Representative Claims Despite Individual Arbitration

Seyfarth Shaw LLP on 7/19/2023

Seyfarth Synopsis: The California Supreme Court has held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court. Adolph v. Uber Technologies,...more

California Takes the Match With Adolph Ruling

Seyfarth Shaw LLP on 7/19/2023

Seyfarth Synopsis: The California Supreme Court held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court in Adolph v. Uber Technologies,...more

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

Meyers Nave on 7/12/2023

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

The Fate of PAGA Representative Action Waivers in Arbitration Agreements will be Decided by August

Proskauer - California Employment Law on 4/24/2023

As we reported (here), on June 15, 2022, a near unanimous U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) preempted the California Supreme Court’s controversial decision in Iskanian v. CLS Transportation Los...more

Fording Viking River, Another California Court of Appeal Holds That PAGA Plaintiffs Maintain Standing to Pursue “Representative”...

Sheppard Mullin Richter & Hampton LLP on 4/6/2023

California’s Private Attorneys General Act of 2004 (“PAGA”) allows employees to act as an “agent” of the State of California and recover civil penalties for violations of the Labor Code through a civil action filed on behalf...more

California Court of Appeal Holds That a PAGA Plaintiff Maintains Standing to Assert Representative Claims Even When Individual...

Sheppard Mullin Richter & Hampton LLP on 3/23/2023

On February 2, 2023, the California Court of Appeal issued an important follow-up decision to the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, — U.S. —, 142 S. Ct. 1906 (2022). Galarsa v....more

Ninth Circuit Panel Changes its Mind and Obliterates California’s Anti-Mandatory Employment Arbitration Law

Proskauer - California Employment Law on 2/17/2023

Yesterday, a three-judge Ninth Circuit panel revisited its own 2021 order and finally struck down California’s anti-mandatory employment arbitration law, Assembly Bill 51 (“AB 51”). In an opinion drafted by the former...more

California’s AB 51, Which Sought to Ban Mandatory Arbitration Agreements, Is Preempted by the Federal Arbitration Act

Buchalter on 2/17/2023

Once again, California employers can require workers to sign arbitration agreements as a condition of employment. Following the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana and in a reversal of its...more

Class Action Year in Review: Supreme Court

ArentFox Schiff on 1/16/2023

The Court addresses arbitration of class and collective actions in Viking River Cruises, Inc. v. Moriana and Coinbase, Inv. V. Bielski.” Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022) US Supreme Court...more

The Supreme Court Has Held that Individual PAGA Claims Can Be Severed and Compelled to Arbitration: But What Happens to the...

King & Spalding on 8/24/2022

In its much-anticipated decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022), the U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) preempts California law to the extent that it precludes...more

Key California Employment Law Cases: July 2022

Payne & Fears on 8/11/2022

Meda v. AutoZone Inc., No. B311398, 2022 WL 2813819 (Cal. Ct. App. July 19, 2022) - Summary: Where an employer has not expressly advised its employees that they may use a seat during their work and does not place seats at...more

California Voters Will Decide PAGA’s Fate at the Ballot Box in 2024

Mintz - Employment Viewpoints on 8/11/2022

Earlier this year we wrote on the U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana that struck a major blow to California’s Private Attorneys General Act (“PAGA”). Now on the heels of the Viking River...more

Key California Employment Law Cases: June 2022

Payne & Fears on 7/13/2022

Viking River Cruises Inc. v. Moriana, 142 S.Ct. 1906 (2022) - Summary: The FAA “preempts the rule of Iskanian insofar as it precludes division of Private Attorneys General Act ("PAGA") actions into individual and...more

It's Time to Update Employee Arbitration Agreements

Payne & Fears on 7/6/2022

To ensure compliance with current California and Federal law and to benefit from recent court decisions, it is time for employers to review and update their employee arbitration agreements. Individual PAGA Claims Are...more

In an 8 to 1 US Supreme Court Decision, Employers With California Operations May Now Compel PAGA Claims to Arbitration

ArentFox Schiff on 7/1/2022

In a recently issued 8 to 1 Decision in Viking River Cruises, Inc. v. Moriana, the United States Supreme Court held that individual claims based on the “only in California” Private Attorneys General Act (PAGA) may be...more

Supreme Court Weighs in on Arbitration of Employment Disputes

Smith Debnam Narron Drake Saintsing & Myers,... on 7/1/2022

In March 2022, we reported on landmark legislation that paved a clearer path for individuals to pursue workplace sexual harassment and sexual assault claims in court. The Ending Forced Arbitration of Sexual Assault and Sexual...more

U.S. Supreme Court Enforces Employer’s Bilateral Arbitration Agreement, Approving Dismissal of PAGA Representative Claims

Allen Matkins on 6/30/2022

California employers that have adopted arbitration agreements received a big win from the U.S. Supreme Court on June 15, 2022. In Viking River Cruises, Inc. v. Moriana, the Court validated an employer’s arbitration agreement...more

U.S. Supreme Court Rules Arbitration Agreements Can Include Enforceable Waivers of Employees’ Individual PAGA Claims

Fox Rothschild LLP on 6/21/2022

In a much-needed win for employers, the U.S. Supreme Court has ruled that waivers of employees’ individual claims under California’s Private Attorneys General Act of 2004 (PAGA) are enforceable. The court’s decision in Viking...more

Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration

Morrison & Foerster LLP on 6/20/2022

The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. ___ (2022), is welcome news for California employers. In short, employers can compel “individual” claims under the Labor Code...more

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