The past year saw appellate courts weigh in on a number of critical questions regarding the Private Attorneys General Act (PAGA), headlined by the U.S. Supreme Court’s ruling in Viking River Cruises, Inc. v. Moriana, 142 S....more
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
With the U.S. Supreme Court set to hear oral argument later this month in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, much of the wage and hour bar has turned its attention to Iskanian v. CLS Transportation Los...more
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
• Class and collective action waivers in arbitration agreements are enforceable under the FAA and not prohibited by the NLRA.
• The NLRA concerns labor organizing and collective bargaining, but does not extend more...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
If you read one thing...
- With 9th Circuit ruling, California federal courts no longer a potential channel for employers to enforce representative action waivers for PAGA claims...more
10/2/2015
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Labor Code ,
Misclassification ,
Private Attorneys General Act (PAGA) ,
SCOTUS
Yesterday, the California Supreme Court, in Iskanian v. CLS Transportation Los Angeles, LLC (Case No. S204032), upheld a class action waiver in an arbitration agreement between an employee and his employer. The Supreme Court...more
On June 20, 2013, the Supreme Court ruled for American Express in a closely watched class action case. In American Express v. Italian Colors Restaurant (No. 12-133), the Court ruled on a 5-3 vote (with Justice Sotomayor...more