News & Analysis as of

Arbitration 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 -
Akin Gump Strauss Hauer & Feld LLP

US Supreme Court Overrules Key Holding of Iskanian Regarding Arbitrability of PAGA Claims

On June 15, 2022, the U.S. Supreme Court issued its much-anticipated decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573. At issue was a rule announced by the California Supreme Court in Iskanian v. CLS...more

Snell & Wilmer

SCOTUS Issues Employers Relief in PAGA Actions

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Since 2004, the Private Attorneys General Act (“PAGA”) has been a thorn in the side of employers in the State of California. Indeed, there are approximately 17 PAGA actions filed every day in the state. A PAGA claim allows a...more

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

Procopio, Cory, Hargreaves & Savitch LLP

U.S. Supreme Court Debilitates PAGA Litigation Using Federal Arbitration Act in Pivotal Ruling

In Viking River Cruises, Inc. v. Moriana, 596 U. S. ____ (2022), the U.S. Supreme Court finally answered a question of far-reaching impact for California employers: Whether the Federal Arbitration Act, (“FAA”) preempts...more

Payne & Fears

U.S. Supreme Court Holds Individual PAGA Claims Are Arbitrable

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In a decision employers across California have been waiting for since December (see our initial article on this issue), the United States Supreme Court held this morning in Viking River Cruises, Inc. v. Moriana, that the...more

Akin Gump Strauss Hauer & Feld LLP

After Viking River Cruises, the Legislature May Attempt to Preserve the Private Attorney General Model

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more

Akin Gump Strauss Hauer & Feld LLP

After Viking River Cruises, Plaintiffs Will Continue to Resist Arbitration in Pending Cases

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more

Akin Gump Strauss Hauer & Feld LLP

The PAGA Report Explores the Future of Private Attorney General Litigation in 'After Viking River Cruises'

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more

Akin Gump Strauss Hauer & Feld LLP

Trial Courts Are Staying PAGA Actions While Awaiting the Viking River Cruises Decision

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court is poised to decide later this term whether the Federal Arbitration Act (FAA) preempts a California rule, established in Iskanian v. CLS...more

Akin Gump Strauss Hauer & Feld LLP

A Post-Epic Systems Challenge to Iskanian Has Been Taken Up by the U.S. Supreme Court

In Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), the California Supreme Court held that an arbitration agreement purporting to waive the right to bring a representative action under the Private...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

Seyfarth Shaw LLP

Arbitrating PAGA Representative Actions: Federal and State Courts Begin to Part Ways

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Seyfarth Synopsis: Three decisions issued earlier this month reveal an increasing tension between the Ninth Circuit and California appellate courts on whether representative PAGA actions can be arbitrated. As a result,...more

Carlton Fields

Ninth Circuit Reaffirms Iskanian Rule, Rejects Waiver Of Representative Action Under PAGA

Carlton Fields on

Defendants appealed an order from a California federal district court that denied their motion to compel individual arbitration of a former employee’s representative claim under California’s Private Attorney General Act...more

Greenberg Glusker LLP

Recent Cases Signal Shifting Tides in Employment Arbitration

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Many employers enter into arbitration agreements with their employees to expedite resolution and mitigate the risk of jury trials. For the most part, a proper arbitration agreement would have the effect of requiring both 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

BakerHostetler

PAGA In The News – Ninth Circuit Sides with California Supreme Court On Enforcement of PAGA Waivers and California Amends The...

BakerHostetler on

The Ninth Circuit Decision - Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the state-court-fashioned Iskanian rule, which...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

Carlton Fields

California Employment Law and Arbitration: The Battle Intensifies

Carlton Fields on

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

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

Sheppard Mullin Richter & Hampton LLP

UPDATE: SCOTUS Denies Petition For Cert In Iskanian

On June 24, 2014, the California Supreme Court issued a controversial decision in Iskanian v. CLS Transportation Los Angeles, LLC. While the Court in Iskanian confirmed that an express class action waiver in an employment...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

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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

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