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Arbitration Supreme Court of the United States Labor Law Violations

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 -
Manatt, Phelps & Phillips, LLP

Supreme Court: Look to Worker, Not Employer for FAA Exemption Status

Is the exemption from coverage under the Federal Arbitration Act (FAA) for any “class of workers engaged in foreign or interstate commerce” limited to workers whose employers are in the transportation industry? ...more

FordHarrison

U.S. Supreme Court Unanimously Holds a Court Has No Discretion to Dismiss a Lawsuit Once It Compels a Case to Arbitration

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Executive Summary: On May 16, 2024, the U.S. Supreme Court decided Smith v. Spizzirri, holding that federal district courts have no discretion under Section 3 of the Federal Arbitration Act (“the FAA”) to dismiss a case once...more

Seyfarth Shaw LLP

U.S. Supreme Court Clarifies Application of FAA Transportation Exemption

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On April 12, 2024, the United States Supreme Court ruled that an individual does not need to work directly in the transportation industry to be within the scope of the Federal Arbitration Act (FAA) exemption for...more

FordHarrison

Supreme Court Rules that the FAA's Arbitration Exemption is Not Limited to Transportation Industry

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On April 12, 2024, the United States Supreme Court issued a decision that answers the question of whether the Federal Arbitration Act’s (FAA) exemption from arbitration for any “class of workers engaged in foreign or...more

Littler

U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

Littler on

On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry....more

Seyfarth Shaw LLP

The Long And Winding Road: Ninth Circuit Exempts Last-Leg Drivers From Arbitration Under The Federal Arbitration Act

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Seyfarth Synopsis: The Ninth Circuit recently extended the scope of which transportation workers are exempt from arbitration under the Federal Arbitration Act (“FAA”). In Carmona Mendoza v. Domino’s Pizza, LLC, – F.4th –,...more

Snell & Wilmer

California Supreme Court’s Adolph v. Uber Technologies, Inc. Decision Reopens the Door for Representative PAGA Claims in Court

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California employers’ short-lived victory in the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana last June was substantially undone on Monday by the California Supreme Court’s decision in Adolph v. Uber...more

Seyfarth Shaw LLP

PAGA Plaintiffs Can Still Pursue Representative Claims Despite Individual Arbitration

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Seyfarth Synopsis: The California Supreme Court has held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court. Adolph v. Uber Technologies,...more

Seyfarth Shaw LLP

California Takes the Match With Adolph Ruling

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court in Adolph v. Uber Technologies,...more

CDF Labor Law LLP

Stayin’ Alive: California Supreme Court Holds that PAGA Representative Claims Can Remain in State Court During Arbitration of...

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As anticipated, earlier this week, the California Supreme Court broke from the U.S. Supreme Court’s Viking River Cruises v. Moriana decision, and further tipped the scales in favor of PAGA plaintiffs in California by holding...more

Stoel Rives - World of Employment

Driving the Narrative: California Supreme Court’s Adolph v. Uber Technologies Decision Shifts Gears, Challenging U.S. Supreme...

With its decision in Adolph v. Uber Technologies, Inc. (“Adolph”) the California Supreme Court has reignited the debate surrounding arbitration agreements containing waivers of an employee’s right to bring a representative...more

Meyers Nave

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

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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

Proskauer - California Employment Law

The Fate of PAGA Representative Action Waivers in Arbitration Agreements will be Decided by August

As we reported (here), on June 15, 2022, a near unanimous U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) preempted the California Supreme Court’s controversial decision in Iskanian v. CLS Transportation Los...more

Kelley Drye & Warren LLP

US Supreme Court Overturned CA Supreme Court Decision

A few weeks ago, we hinted at the possibility that the United States Supreme Court may overturn parts of the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (Cal. 2014)....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

Proskauer - California Employment Law

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

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

Carlton Fields

U.S. Supreme Court: FAA Preempts California Labor Law to Extent It Prevented Enforcement of Individual Arbitration Agreement

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California’s Labor Code Private Attorneys General Act of 2004 (PAGA) authorizes “aggrieved employees” to sue their employer on behalf of themselves “and other current or former employees” to obtain civil penalties that...more

Blank Rome LLP

“C” Is for Consent When It Comes to Arbitration in California: U.S. Supreme Court Holds that Representative Action Waivers Are...

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Last week, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana (US 20–1573 6/15/22) (“Moriana”). The singular question presented to the Court was whether the Federal...more

Davis Wright Tremaine LLP

Supreme Court Says Arbitration Agreements Enforceable for Individual PAGA Claims in California

In a significant win for California employers, the U.S. Supreme Court ruled last week that employees can be bound by agreements to arbitrate their individual wage claims brought under the state's Private Attorneys General Act...more

McGuireWoods LLP

U.S. Supreme Court: Individual PAGA Claim Must Cruise Into Arbitration

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In a significant ruling for California employers, the U.S. Supreme Court on June 15, 2022, held in Viking River Cruises, Inc. v. Moriana, No. 20-1573, that the Federal Arbitration Act (FAA) partially preempts California state...more

Stokes Wagner

Supreme Court Rules California Employee Is Bound By Arbitration Agreement She Signed and Thus, Lacks Standing to Bring...

Stokes Wagner on

On May 15, 2022, the U.S. Supreme Court issued the much-anticipated and employer-favorable ruling in Viking River Cruises v. Moriana, holding, in an 8-1 decision, that the Federal Arbitration Act (FAA) preempts the California...more

Troutman Pepper

SCOTUS Invalidates CA Law Preventing Arbitration of Individual PAGA Claims When a Valid Arbitration Agreement Exists

Troutman Pepper on

In its 12th case regarding arbitration in the last five years, the Roberts court fascination with the dispute resolution method continues. In the second of two decisions regarding arbitration this week, the Court...more

Carlton Fields

PAGA Claims Sent Down the River: Supreme Court Gives California Employers Major Victory in Viking Cruises Arbitration Case

Carlton Fields on

Representative actions brought under California’s Private Attorneys General Act (PAGA) have been the bane of that state’s labor lawyers’ existence since PAGA’s enactment in 2004. Thanks to this week’s Supreme Court decision...more

Ballard Spahr LLP

Employer prevails in latest FAA preemption ruling from U.S. Supreme Court

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The U.S. Supreme Court has once again confirmed that the Federal Arbitration Act (FAA) preempts incompatible state laws that preclude contracting parties from controlling which claims are subject to arbitration. Ruling in...more

Haight Brown & Bonesteel LLP

U.S. Supreme Court Finds the FAA Preempts PAGA and Holds Individual PAGA Claims Can Be Compelled to Arbitration

On June 15, 2022, the United States Supreme Court rendered an opinion in Viking River Cruises, Inc. v. Moriana that will have significant consequences for California employers and claims made under the Private Attorneys...more

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