News & Analysis as of

Class Action Arbitration Employer Liability Issues

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Rules That Only Individual PAGA Claims Can Be Compelled to Arbitration

On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macy’s West Stores, after the employer appealed the district court’s decision ordering arbitration of both an employee’s individual and non-individual claims under...more

Meyers Nave

Wage and Hour Policies Amid Rising PAGA Filings

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At Meyers Nave, we prioritize assisting our clients in establishing and maintaining wage and hour policies that comply with legal standards. This includes implementing effective systems and processes to ensure all levels of...more

Littler

Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial...

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Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond...more

ArentFox Schiff

ArentFox Schiff's 2023 Class Action Year in Review

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ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Applies Adolph, Vacating Lower Court’s Dismissal of Employee’s Nonindividual PAGA Claims

On February 12, 2024, the Ninth Circuit in Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) vacated a district court’s dismissal of a former employee’s nonindividual PAGA claims and remanded the nonindividual...more

Stikeman Elliott LLP

Meal Delivery Service’s Mandatory Arbitration Clause for Couriers Unconscionable: Manitoba Court of Appeal

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The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class...more

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

The Data Is In - California Class Action and PAGA Filings to Hit New Highs

New class action and California Private Attorneys General Act (PAGA) filings have grown exponentially in recent years and reached record numbers in 2023. This trend is raising concerns for California employers as the state...more

Lathrop GPM

California Federal Court Declares Arbitration Clause Unenforceable

Lathrop GPM on

In Munoz, v. Earthgrains Distribution, LLC, 2023 WL 5986129 (S.D. Cal. Sept. 13, 2023), the plaintiffs, members of a class of independent distributors of baked goods for Earthgrains and other bakeries, alleged that they were...more

CDF Labor Law LLP

[Webinar] When to Arbitrate PAGA Claims: Insights from Adolph v. Uber - September 26th, 10:00 am - 11:15 am PT

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Join us on September 26 for a comprehensive webinar hosted by CDF as we delve into the crucial subject of arbitrating PAGA claims, exploring its implications following the California Supreme Court's landmark decision in...more

Perkins Coie

California Supreme Court Limits Utility of Arbitration Agreements for PAGA Claims

Perkins Coie on

California’s Private Attorneys General Act (PAGA) authorizes current and former employees to bring a representative action for civil penalties on behalf of the state against an employer for Labor Code violations committed...more

Wilson Sonsini Goodrich & Rosati

California Supreme Court Rules Employees Can Pursue PAGA Claims on Behalf of Other Aggrieved Employees in Court Despite...

On July 17, 2023, the California Supreme Court ruled that where an employee has brought a California Private Attorneys General Act (PAGA) action that is comprised of both individual and non-individual claims, a court order...more

Meyers Nave

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

Meyers Nave on

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

Ervin Cohen & Jessup LLP

Uber Drivers Cannot Bring Class Action for Employment Claims

In a matter of first impression, a panel for the Third U.S. Circuit Court of Appeals recently affirmed a judgment of the District Court of New Jersey in Singh v. Uber Techs., Inc. (April 26, 2023), compelling arbitration in a...more

Fisher Phillips

SCOTUS to Review Critical Arbitration Case: 3 Questions for Employers to Consider

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Employers that face lawsuits from employees often seek to move such claims from the courthouse to arbitration. But what happens if the trial court refuses to compel arbitration and the employer appeals the decision? Should...more

CDF Labor Law LLP

CA Court of Appeal Upholds Arbitration Agreement Under FAA Preemption

CDF Labor Law LLP on

Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more

Littler

Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

Littler on

On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.  The court concluded that...more

Stark & Stark

Use It or Lose It: Supreme Court Rules Against Special Rules Favoring Arbitration When Deciding Waiver of That Right

Stark & Stark on

On May 23, 2022, the U.S. Supreme Court, in a unanimous decision, decided Morgan v. Sundance, Inc., No. 21-328, in favor of an employee who sued her employer, a Taco Bell franchisee, for wage theft. The Court concluded that...more

McDermott Will & Emery

Supreme Court: An Employee’s Individual PAGA Claim Must Be Adjudicated in Arbitration

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On June 15, 2022, the Supreme Court of the United States finally issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana. The Court partially overturned Iskanian v. CLS Transportation Los Angeles, LLC...more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Rules Certain Airline Employees Exempt From Federal Arbitration Act

On June 6, 2022, a unanimous United States Supreme Court issued another key decision interpreting the Federal Arbitration Act (“FAA”) that will have a significant impact on certain employers going forward...more

Bradley Arant Boult Cummings LLP

Wave Goodbye to Waivers Under California’s PAGA? Not So Fast, Says the Supreme Court

California is complicated for employers — and a recent case, Viking River Cruises, Inc. v. Moriana, is just one more example. The Private Attorneys General Act of 2004 (PAGA) authorized California employees to sue employers...more

McManis Faulkner

Employment Arbitration Agreements Are “Under Water” Until The Supreme Court’s Decision Is Released in River Viking Cruises v....

McManis Faulkner on

California employment litigators currently feel as if the world is at a standstill. Each and every attorney, whether counsel for defense or plaintiff, is holding their breath. For the last couple of years, plaintiff’s...more

Snell & Wilmer

U.S. Supreme Court Resolves Circuit Split Regarding Waiver Analysis for Arbitration Provisions

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On May 23, the U.S. Supreme Court resolved in Morgan v. Sundance whether a litigant seeking to establish waiver had to show prejudice resulting from an opposing party’s failure to timely enforce an arbitration provision under...more

Locke Lord LLP

A New Horizon for California Employers? Impending SCOTUS Ruling Could Drastically Change the Course of PAGA Litigation

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On December 15, 2021, the Supreme Court of the United States (SCOTUS) granted a petition for certiorari in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573 to determine whether the Federal Arbitration Act (FAA)...more

Miles & Stockbridge P.C.

Supreme Court Considers the Reach of Workplace Arbitration Agreements

The Supreme Court has recently taken the challenge of assessing the scope and breadth of workplace arbitration provisions under the Federal Arbitration Act (“FAA”) in Viking River Cruises, Inc. v. Moriana, and Southwest...more

Locke Lord LLP

Arbitration Clauses May Not Work in All States if Not Well Drafted: March 2022 IC Legal News Update

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A decision by a federal court in New Jersey last month is a reminder to companies that arbitration clauses need to be drafted well in order to succeed. New Jersey courts for many years have been perhaps the most finicky in...more

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