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Supreme Court of the United States › Class Action Arbitration Waivers › Private Attorneys General Act (PAGA)

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Butler Snow LLP

The Supreme Court Again Affirms Party Autonomy, in Arbitration Agreements, Holds FAA Preempts State Law Rules Preventing Division...

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In Viking River Cruises, Inc. v. Moriana, 213 L. Ed. 2d 179, 142 S. Ct. 1906 (2022), reh’g denied, No. 20-1573, 2022 WL 3580311 (U.S. Aug. 22, 2022), the Supreme Court held that the Federal Arbitration Act, 9 U.S.C. § 1 et...more

Jones Day

Supreme Court Upholds Representative Action Waivers In Employee Arbitration Agreements

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Case Overview - On June 15, 2022, the United States Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana, No. 20-1573. The Court held that the rule from Iskanian v. CLS Transportation Los Angeles,...more

Jackson Lewis P.C.

Class Action Trends Report June 2022

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In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more

Proskauer - California Employment Law

The U.S. Supreme Court Says PAGA Representative Action Waivers Are Enforceable After All

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On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme...more

Epstein Becker & Green

#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave -...

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This week, we look at two significant court decisions for employers and bring you a practical update on new bereavement leave rules in Illinois. SCOTUS: FAA Preempts California’s PAGA Loophole Last week, the U.S. Supreme...more

Littler

Supreme Court Permits Arbitration of Individual PAGA Claims

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The United States Supreme Court’s decision in Viking River Cruises v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act...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

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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

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

Supreme Court Holds That PAGA Representative Waivers Are Enforceable In Certain Significant Respects

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On June 15, 2022, the United States Supreme Court issued its much anticipated decision in Viking River Cruises, Inc. v. Moriana. The Supreme Court held that California’s rule invalidating pre-dispute agreements waiving the...more

Manatt, Phelps & Phillips, LLP

Supreme Court Delivers a PAGA Win to Employers

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Yesterday, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, regarding California’s ban on Private Attorney General Act (PAGA) representative waivers...more

Polsinelli

U.S. Supreme Court Holds That The Federal Arbitration Act Preempts California’s Rule Prohibiting Contractual Arbitration of...

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On June 15, 2022, the U.S. Supreme Court issued its highly anticipated opinion in Viking River Cruises, Inc. v. Moriana, which considered whether or not claims brought under the California Private Attorneys General Act...more

Paul Hastings LLP

Viking Victory: Supreme Court Holds PAGA Cannot Circumvent Arbitration Agreement

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In the latest chapter regarding arbitration agreement enforcement, the U.S Supreme Court has rejected California’s rule precluding arbitration of California Labor Code Private Attorneys General Act (“PAGA”) claims....more

Constangy, Brooks, Smith & Prophete, LLP

U.S. Supreme Court upholds arbitration agreements, even in PAGA actions

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SCOTUS gives California employers a break. Many California employers can breathe more easily because claims under the California Private Attorneys General Act can no longer be used to circumvent employee agreements to...more

Fisher Phillips

Viking Cruises to a Win for California Employers: Supreme Court Closes PAGA’s Backdoor to Avoid Arbitration Agreements (For Now)

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Employers can enforce arbitration agreements in California to the extent they require an employee to arbitrate individual claims under the state’s Private Attorneys General Act (PAGA), according to an 8 to 1 SCOTUS ruling...more

Fox Rothschild LLP

Fate of PAGA’s Inclusion In Class Action Waivers in SCOTUS’ Hands

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I am not usually a policy wonk, and I often think in terms of concepts not cases. However, I must say that listening to the US Supreme Court’s oral argument on the pending Viking River Cruises case was fascinating. If you...more

Proskauer - California Employment Law

Good Tidings for the Holidays! The U.S. Supreme Court Finally Will Review (and May Bury) PAGA’s Anti-Arbitration Rule

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While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration Act), in a now infamous (and controversial) decision from 2014, the court...more

Manatt, Phelps & Phillips, LLP

U.S. Supreme Court to Review California’s Ban on PAGA Waivers

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In a major turn of events for California employers, on December 15, 2021, the U.S. Supreme Court granted certiorari in a case that challenges California’s ban on arbitration agreements that limit employees’ right to sue their...more

Payne & Fears

Key California Employment Law Cases: July 2020

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Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) - Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more

Seyfarth Shaw LLP

California Supreme Court Declines To Rein In PAGA Plaintiff’s Standing

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Seyfarth Synopsis: The California Supreme Court has held that, under the Private Attorneys General Act (“PAGA”), an employee does not lose the ability to pursue representative claims as an “aggrieved employee” by virtue of...more

Lewitt Hackman

FRANCHISEE 101: Class Not in Session

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In May, the U.S. Supreme Court held that mandatory arbitration agreements containing class action or collective action waivers must be enforced as written....more

BakerHostetler

[Webinar] Arbitration Agreements With Class Action Waivers: Key Takeaways From the Supreme Court Decision in Epic Systems Corp. v....

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In May, the Supreme Court determined that employers may continue to rely on the enforceability of arbitration agreements with class and collective action waivers. In 2018 and beyond, lower courts will begin interpretation of...more

Spilman Thomas & Battle, PLLC

The Case for Class - Class Action Waivers in Arbitration Agreements

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Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more

Benesch

Despite Legality, Employee Arbitration Pacts Are No Panacea

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On May 21, 2018, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s 2012 decision in D.R. Horton. The...more

BCLP

Supreme Court Upholds Class Action Waivers

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On May 21, the United States Supreme Court held that mandatory arbitration agreements containing class action waivers are to be enforced as written. In Epic Systems Corp. v. Lewis, a trio of consolidated appeals, the Court...more

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