News & Analysis as of

Private Attorneys General Act (PAGA) Arbitration Arbitration Agreements

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

CDF Labor Law LLP

[Webinar] California Arbitration Agreements: Clarity Amid Complexity - May 23rd, 10:00 am - 11:00 am PT

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Arbitration agreements are useful tools for California employers, but they are replete with potential dangers. An employer contemplating using arbitration in the workplace must evaluate whether it should be mandatory, the...more

Ervin Cohen & Jessup LLP

Previous Arbitration Agreements Are Potentially Unenforceable Against Re-Hired Employees

Despite its best efforts, the California Legislature has been unable to substantially curtail the popularity of employment arbitrations in California.  The hostility to employment arbitration remains evident, however, among...more

Carlton Fields

Ninth Circuit Compels Arbitration of Plaintiff’s Individual Labor Claims Under PAGA, Remands Non-Individual Claims

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In Johnson v. Lowe’s Home Centers LLC, the Ninth Circuit Court of Appeals affirmed a district court order granting defendant Lowe’s motion to compel arbitration of plaintiff Maria Johnson’s individual claims brought 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

Payne & Fears

January 2024 Case Summaries

Payne & Fears on

Summary:  An employer waives its right to arbitration if it fails to pay its share of the arbitration filing fee within 30 days of the payment’s due date....more

Vedder Price

Trying to Reconcile the Tension between the Federal Arbitration Act and Adolph

Vedder Price on

In Johnson v. Lowe’s Home Centers, LLC, the Ninth Circuit sided with the California Supreme Court’s ruling in Adolph v. Uber Techs. Inc., 14 Cal. 5th 1104 (2023), and held that the district court was correct to send the...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

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

California Court of Appeal Rules Arbitration Agreement Is Unenforceable

A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic...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

Seyfarth Shaw LLP

PAGA Paraphrased – DeMarinis v. Heritage Bank of Commerce

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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

Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement

CDF Labor Law LLP on

In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program. The H-2A visa program allows employers to hire foreign nationals to engage...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

Kilpatrick

California Supreme Court holds plaintiffs required to arbitrate individual Private Attorneys General Act (“PAGA”) claims maintain...

Kilpatrick on

The California Supreme Court recently rejected the U.S. Supreme Court’s interpretation of standing under the Private Attorneys General Act (PAGA). In Adolph v. Uber Technologies, Inc., 532 P.3d 682 (Cal. 2023), the Court...more

Venable LLP

Adolph v. Uber Technologies: The California Supreme Court Gives Employers an Unexpected Road Map for Defending against PAGA Claims

Venable LLP on

On July 17, the California Supreme Court issued its long-awaited decision in Adolph v. Uber Technologies, Inc., finally clarifying the question of what constitutes standing under California's Private Attorneys General Act...more

Ervin Cohen & Jessup LLP

California Supreme Court Rules that PAGA Claims May Be Pursued in Court Despite Arbitration Agreement

Following the United States Supreme Court’s landmark ruling in Moriana v. Viking River Cruises, California courts were tasked with the open question of whether an “aggrieved” employee whose individual Private Attorneys...more

Kelley Drye & Warren LLP

CA Supreme Court Holds Employees Can Pursue PAGA Representative Claims Despite Arbitration Agreement

Last year, we discussed the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana (“Viking River”), 596 U.S. [142 S.Ct. 1906] (2022), holding that an arbitration agreement between a...more

Harris Beach PLLC

Courts Clarify California Private Attorneys General Act in Relation to Federal Arbitration Act

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The Supreme Court of the United States has been active of late in issuing decisions interpreting the Federal Arbitration Act — the principal federal statute governing judicial enforcement of arbitration agreements. In 2022,...more

Shook, Hardy & Bacon L.L.P.

California Rejects Viking River, Allows PAGA Claims to Proceed | National Employment Perspective: Focus on California PAGA

Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...more

Shook, Hardy & Bacon L.L.P.

California Rejects Viking River, Allows PAGA Claims to Proceed

Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...more

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

California Supreme Court Rejects Part of Viking River: Is It Time to Update Your Arbitration Agreement (Again)?

In June 2022, the Supreme Court of the United States ruled in Viking River Cruises, Inc. v. Moriana that (1) the Federal Arbitration Act (FAA) requires the enforcement of an arbitration agreement that waives an employee’s...more

Orrick, Herrington & Sutcliffe LLP

Adolph v. Uber: Sending Individual PAGA Claims to Arbitration Does Not Affect Plaintiffs’ Standing to Pursue a Representative PAGA...

The California Supreme Court issued its long-awaited ruling in Adolph v. Uber Technologies, Inc. on July 17, 2023, holding that an employee can pursue a non-individual representative action under the Private Attorneys General...more

Proskauer - California Employment Law

Adolph Parts With Viking River, Opening Path for Arbitration-Bound Plaintiffs to Pursue PAGA Claims in Court

On July 17, 2023, approximately one year after the U.S. Supreme Court’s landmark decision in Viking River Cruises, the California Supreme Court issued its highly-anticipated decision in Adolph v. Uber Technologies. The Court...more

K&L Gates LLP

Stand and Deliver: PAGA Plaintiffs May Still Litigate Representative Claims Not Compelled Into Arbitration

K&L Gates LLP on

Highlights of Adolph v. Uber Tech., Inc. PAGA representatives retain standing to prosecute non-individual PAGA claims in court, even when their individual PAGA claims are compelled into arbitration....more

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