The debate over the right to waive California Private Attorneys General Act (PAGA) claims continues.
The most recent rule, as stated by the California Court of Appeal for the Fourth District this week, is...more
Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more
California’s back-and-forth on arbitrations and class actions continued again this week.
In a key 4-3 decision the California Supreme Court held that the arbitrator—not the court—can decide whether an arbitration...more
The Consumer Financial Protection Bureau (CFPB or Bureau) announced today that it is considering rules prohibiting application of pre-dispute arbitration agreements to class litigation involving certain consumer financial...more
10/8/2015
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Financial Institutions ,
Mortgages ,
OMB ,
Small Business ,
Wage and Hour
Tuesday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more
10/1/2015
/ Arbitration ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
Class Action ,
Class Certification ,
CLS Transportation ,
En Banc Review ,
Federal Arbitration Act ,
Iskanian ,
Iskanian v CLS Transportation ,
Private Attorneys General Act (PAGA)
Yesterday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more
9/30/2015
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
CLS Transportation ,
Collective Actions ,
Employment Discrimination ,
En Banc Review ,
Federal Arbitration Act ,
Iskanian ,
Iskanian v CLS Transportation ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Unfair Labor Practices ,
Wage and Hour
This week, the U.S. Supreme Court declined to grant review in Iskanian v. CLS Transportation Los Angeles, LLC, leaving in place a California Supreme Court holding that pre-dispute arbitration agreements cannot require...more
1/23/2015
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Mandatory Arbitration Clauses ,
Petition for Writ of Certiorari ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Trucking Industry
The California Supreme Court today confirmed the validity of an employee’s waiver of the right to bring a class action contained in an arbitration agreement. That’s the good news. However, the court also held that these...more