News & Analysis as of

Arbitration Class Action Iskanian

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Perkins Coie

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

Perkins Coie on

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

BakerHostetler

Smoother Sailing Ahead for PAGA Arbitrability Under Viking River Cruises Decision

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On June 15, the U.S. Supreme Court finally brought closure to the long-running, unsettled issue of whether California’s prohibition against arbitration agreement waivers of the right to bring representative actions under the...more

Buchalter

California Supreme Court Limits PAGA Claim Damages in Landmark Ruling Denying Plaintiff’s Wage Claim

Buchalter on

In a surprising decision, the California Supreme Court has ruled that Plaintiffs in Private Attorney General Act  (PAGA) cases cannot recover for their own or their fellow employees’ unpaid wages, but instead are limited to...more

Seyfarth Shaw LLP

When Is a Civil Penalty Not a Civil Penalty?

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Seyfarth Synopsis: Plaintiffs cannot circumvent arbitration agreements by characterizing claims for statutory damages as claims for civil penalties. The purported PAGA exemption from arbitration agreements applies only to...more

Carlton Fields

Arbitrator’s Pre-Iskanian Decision That Paga Claim Must Proceed On An Individual Basis Was Not A “Manifest Disregard Of The Law”

Carlton Fields on

A refinery operator (“Wulfe”), sued his former employer alleging several employment related claims, including a claim under the California Private Attorneys General Act (PAGA). The court compelled arbitration, and the...more

Carlton Fields

Ninth Circuit Remands PAGA Cases To Lower Courts To Determine The Proper Forums For Arbitration Or Litigation

Carlton Fields on

We previously reported on California courts refusing to enforce waivers contained in arbitration agreements of representative claims under California’s Private Attorneys General Act of 2004 (“PAGA”). These cases have...more

Carlton Fields

California Employment Law and Arbitration: The Battle Intensifies

Carlton Fields on

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

Seyfarth Shaw LLP

Litigating California Wage & Hour and Labor Code Class Actions

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We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more

FordHarrison

Supremes Leave PAGA Representative Claims Intact

FordHarrison on

On January 20, 2015, the U.S. Supreme Court denied review of CLS Transportation Los Angeles, LLC v. Iskanian ("Iskanian"), a case which would have determined whether employees in California could continue to bring...more

BakerHostetler

The Supreme Court’s denial of certiorari in Iskanian only hardens the federal-state divide over PAGA claims

BakerHostetler on

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

Proskauer - California Employment Law

Multiple PAGA Representative Claims Crumble As Federal Courts Continue To Reject Iskanian and Enforce Arbitration Agreements...

When the California Supreme Court decided Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (2014), this June, some legal commentators assumed that employees could not waive pre-litigation claims under the Private...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Who Decides the Issue of Class Arbitration?

Two districts of the California Court of Appeal recently issued significant decisions on arbitration agreements. In a published case, the Fourth Appellate District of the California Court of Appeal held that if the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court Implements Iskanian, Finds Agreement Waiving Representative Claims Under PAGA Unenforceable

Ybarra v. Apartment Investment and Management Company, No. B245901 (October 7, 2014): A California Court of Appeal recently affirmed a trial court decision finding that a class action waiver provision in an employee’s...more

Cooley LLP

California Supreme Court Upholds Use of Class Action Waivers in Employment Arbitration Agreements, But PAGA Claims May Not Be...

Cooley LLP on

In a prior Alert dated June 11, 2012, we reported on a California appellate court decision in Iskanian v. CLS Transportation Los Angeles, LLC ("Iskanian"), which upheld the use of class and representative action waivers in...more

Fenwick & West LLP

California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims

Fenwick & West LLP on

Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in Iskanian v. CLS Transportation Los Angeles, LLC that class action waivers in employment arbitration...more

Ervin Cohen & Jessup LLP

California Supreme Court Upholds Class Action Waiver In Arbitration Agreement

Finally! The California Supreme Court recently fell in line with the United States Supreme Court on the enforceability of class action waivers in arbitration agreements by upholding their enforceability. Previously, the...more

Pillsbury Winthrop Shaw Pittman LLP

California Supreme Court: Gentry is Gone. PAGA Lives On.

Compelled by U.S. Supreme Court precedent advancing arbitration as a method of dispute resolution, the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC (No. S20432, June 23, 2014) held that its...more

Buchalter

California Supreme Court Rules that Employers Are Entitled to Include Class Action Waivers in Arbitration Agreements

Buchalter on

In a welcome development for California businesses, the California Supreme Court issued a favorable ruling on June 23, 2014, holding that California law permits employers to require employees to sign arbitration agreements...more

Carlton Fields

California Supreme Court Upholds Validity Of Class Action Waivers In Employment Arbitration Agreements; Prohibits Waivers For...

Carlton Fields on

The California Supreme Court has upheld the validity of class action waivers in employment arbitration agreements, reversing its prior rule that California courts could refuse to enforce such waivers on grounds of public...more

Sherman & Howard L.L.C.

California Almost Goes Along on Class Waivers

The California Supreme Court has ruled that class action waivers in employment arbitration agreements are enforceable – with one gaping exception. Iskanian v. CLS Transportation Los Angeles, L.L.C., S204032 (Cal. June 23,...more

Morrison & Foerster LLP - Class Dismissed

More Good News for Class Action Waivers in Arbitration Agreements: California Supreme Court Upholds Class Action Waiver in...

On June 23, the California Supreme Court issued its first opinion upholding a class action waiver following the U.S. Supreme Court’s seminal decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011). Iskanian v....more

Bracewell LLP

California Supreme Court "Green Lights" Class Action Waivers in Arbitration Agreements

Bracewell LLP on

On June 23, the California Supreme Court in Iskanian v. CLS Transportation, a case involving state wage and hour claims, recognized that the U.S. Supreme Court's 2011 Concepcion decision effectively invalidated the California...more

Mintz - Employment, Labor & Benefits...

California Supreme Court Upholds Employment Class Action Waivers, but Rejects Waivers of PAGA Claims

The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the...more

Morgan Lewis

California Supreme Court Enforces Class Action Waivers in Employee Arbitration Agreements

Morgan Lewis on

However, the court found PAGA representative action waivers unenforceable; employers should consider practical implications with respect to arbitration agreements. On June 23, the California Supreme Court issued its...more

Littler

Class Action Waivers Good in California, PAGA Waivers Perhaps

Littler on

In an important decision on employment arbitration agreements with pre-dispute class and collective action waivers, in Iskanian v. CLS Transportation of Los Angeles the California Supreme Court held that U.S. Supreme Court...more

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