News & Analysis as of

Labor Code Arbitration Arbitration Agreements

Offit Kurman

Key Trends in PAGA Arbitration Decisions: Insights for Employers and Legal Counsel

Offit Kurman on

The proliferation of wage and hour litigation in California and recent significant changes to the law have created uncertainty for employers and their lawyers alike. Both recent PAGA (Private Attorneys General Act of 2004)...more

Proskauer - California Employment Law

The Headless PAGA Saga Continues

On February 26, 2025, in Parra Rodriguez v. Packers Sanitation, Inc., the California Court of Appeal (Fourth Appellate District) issued the latest published decision addressing the practice of filing so-called “headless”...more

CDF Labor Law LLP

PAGA Update: Key Lessons for Defending and Settling PAGA Cases

CDF Labor Law LLP on

Two recent Private Attorney General Act (PAGA) cases underscore the importance of effectively using procedural motions in defending such cases. 1.  Rodriguez v. Packers Sanitation Services LTD., LLC...more

Carlton Fields

Eleventh Circuit Holds Arbitration Agreement Unenforceable Against Spouse of Former Employee

Carlton Fields on

In Lubin v. Starbucks Corp., the Eleventh Circuit Court of Appeals considered defendant Starbucks’ appeal of an order denying its motion to compel arbitration of the plaintiffs’ lawsuit alleging that Starbucks sent deficient...more

ArentFox Schiff

Understanding Arbitration and Equitable Estoppel: Lessons From Gonzalez v. Nowhere Beverly Hills LLC

ArentFox Schiff on

Employment arbitration agreements are an important tool for employers who wish to resolve workplace disputes in a more streamline fashion and, more importantly, avoid class and collective actions. However, enforcing...more

ArentFox Schiff

Rodriguez v. Lawrence Equipment, Inc.: Employee Lacks Standing to Pursue Representative PAGA Claim After Loss in Arbitration

ArentFox Schiff on

In Rodriguez v. Lawrence Equipment, Inc., Case No. B325261 (Nov. 8, 2024), the California Court of Appeal held that an employee who loses their Labor Code claims in an individual arbitration no longer has standing to pursue a...more

CDF Labor Law LLP

Significant PAGA Reform on the Horizon: What Employers Need to Know (and Do) to Protect Themselves

CDF Labor Law LLP on

On June 17, labor and business groups reached an agreement with California Governor Newsom to reform California’s Private Attorneys General Act (PAGA). A summary of the deal was announced the following day.  The proposed...more

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

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

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Seyfarth Shaw LLP

PAGA Paraphrased – DeMarinis v. Heritage Bank of Commerce

Seyfarth Shaw LLP on

Seyfarth Synopsis: The first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a...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

CDF Labor Law LLP on

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

Proskauer - California Employment Law

Is Arbitration Becoming “Just Somebody That We Used to Know”? — The Beginning of the End of Arbitration

When Congress passed and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) last year, we predicted it was just the beginning of an all-out federal assault on...more

Meyers Nave

PAGA Standing and Arbitration: What California Employers Need to Know Now That the California Supreme Court Has Spoken

Meyers Nave on

On July 17, 2023, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. With this decision California employers need to understand that plaintiffs do not lose standing when individual...more

Ballard Spahr LLP

CA Supreme Court Permits PAGA Claims in Court Despite Arbitration Agreement

Ballard Spahr LLP on

Summary - The California Supreme Court held in Adolph v. Uber Technologies, Inc. that a plaintiff compelled to arbitrate an individual California Labor Code Private Attorneys General Act (PAGA) claim still maintains...more

Fisher Phillips

California Supreme Court Boosts PAGA Claimants’ Rights in Highly Anticipated Decision: 5-Step Action Plan for Employers

Fisher Phillips on

The California Supreme Court ignored guidance from the U.S. Supreme Court Monday when it ruled that employees can still proceed with parts of their lawsuits against employers even if the PAGA portions of their claims are...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

Carlton Fields

2 Ways Calif. Justices' PAGA Ruling May Play Out

Carlton Fields on

Under California's Private Attorneys General Act, does an aggrieved employee — who has been compelled to arbitrate their individual claims under PAGA and the California Labor Code — maintain statutory standing to pursue PAGA...more

Sheppard Mullin Richter & Hampton LLP

Fording Viking River, Another California Court of Appeal Holds That PAGA Plaintiffs Maintain Standing to Pursue “Representative”...

California’s Private Attorneys General Act of 2004 (“PAGA”) allows employees to act as an “agent” of the State of California and recover civil penalties for violations of the Labor Code through a civil action filed on behalf...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Holds That a PAGA Plaintiff Maintains Standing to Assert Representative Claims Even When Individual...

On February 2, 2023, the California Court of Appeal issued an important follow-up decision to the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, — U.S. —, 142 S. Ct. 1906 (2022). Galarsa v....more

Payne & Fears

CA Court of Appeal Holds that Plaintiff Whose Individual PAGA Claims Were Ordered to Arbitration May Still Pursue Non-Individual...

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Disagreeing with the United States Supreme Court’s conclusion in Viking River Cruises, Inc. v. Moriana, the California Court of Appeal held in Galarsa v. Dolgen California LLC that a plaintiff who has been ordered to...more

Morgan Lewis

Ninth Circuit Rejects California Ban on Mandatory Arbitration

Morgan Lewis on

California employers can require arbitration of employees’ California Fair Employment and Housing Act and Labor Code claims as a condition of employment, according to a recent circuit court ruling....more

Proskauer - California Employment Law

Employees Lose on PAGA Claims in Court Following Loss in Arbitration

Earlier this month, the California Court of Appeal (2d Dist.) ruled that issue preclusion bars a derivative Private Attorneys General Act (PAGA) claim where the plaintiff litigates individual Labor Code claims in arbitration...more

McDermott Will & Emery

Ninth Circuit Holds That California AB 51 Is Preempted by the FAA

McDermott Will & Emery on

As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a...more

Butler Snow LLP

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

Butler Snow LLP on

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

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