California employers will be receiving immediate relief under the new Private Attorneys General Act (PAGA) reform law. The California Legislature passed AB 228 and SB 92 on June 27, 2024, and Governor Newsom signed both bills into law on July 1, 2024. Our analysis of the reform is set forth in our previous article here
In Adolph v. Uber Technologies, Inc., the California Supreme Court held that even when an employee enters into an arbitration agreement requiring the employee to arbitrate only their individual claims, the employee still has a right to continue to pursue remedies under California’s Private Attorneys General Act (PAGA), if they are able to
The California Court of Appeals decision in Lewis v. Simplified Labor Staffing Solutions, Inc. is a good example of the enforceability of arbitration agreements that contain class and Private Attorneys General Act waivers. As explained below, there are still arguments being addressed by California courts regarding whether arbitration agreements with Private Attorneys General Act
In Viking River Cruises, Inc. v. Moriana, plaintiff worked for Viking as a sales representative in Los Angeles. Plaintiff sued Viking alleging various Labor Code violations and sought to recover PAGA penalties on a representative basis. However, when she started working for Viking, she agreed to resolve all employment issues with Viking in arbitration,
Today, June 15, 2022, the U.S. Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana, holding that the FAA preempts California’s prohibition on the employer’s ability to contract with employees to bring only their individual claims in arbitration and not a representative Private Attorneys General Act (PAGA) claim. This is a