News & Analysis as of

Private Attorneys General Act (PAGA) Motion to Compel

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

Carlton Fields on

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

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

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

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

Kilpatrick

California High Court Rules on Non-Individual PAGA Standing

Kilpatrick on

On July 17, 2023, the California Supreme Court issued its long-anticipated decision in Adolph v. Uber Technologies, Inc. and held that an employee who has been compelled to arbitrate “individual” claims under the California...more

Faegre Drinker Biddle & Reath LLP

California Supreme Court: PAGA Plaintiffs Can Pursue Representative State Court Claims Even if Their Individual PAGA Claims Are...

On July 17, 2023, the California Supreme Court unanimously held in Adolph v. Uber Technologies, Inc. that even if a plaintiff who brings a claim under California’s Private Attorneys General Act (PAGA) has their individual...more

CDF Labor Law LLP

Discretion: The Better Part of Valor in Defending Against PAGA Claims

CDF Labor Law LLP on

Since the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, employers have been implementing and enforcing arbitration agreements requiring employees to arbitrate their individual Private Attorneys’ General...more

Fisher Phillips

Employers Earn Critical Post-Viking River Arbitration Victory: Your 7-Step Action Plan to Beat Back PAGA Claims

Fisher Phillips on

Following the U.S. Supreme Court’s June decision in Viking River Cruises, Inc. v. Moriana, employers in California have awaited further guidance by federal courts regarding the scope and impact of this key decision that ruled...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Intervention and Arbitration

This week, the Court address whether an employee can intervene in her co-worker’s employment suit, and orders discovery to determine whether a litigant was bound by her counsel’s agreement to arbitrate. CALLAHAN v....more

Stradling Yocca Carlson & Rauth

Time to Revise Your Arbitration Agreements: Supreme Court Holds PAGA Claims Can Be Compelled to Arbitration

Today, the United States Supreme Court issued a significant decision allowing the arbitration of claims under the Private Attorney General Act (“PAGA”). The Court’s decision in Viking River Cruises v. Moriana provides that...more

Akin Gump Strauss Hauer & Feld LLP

After Viking River Cruises, Plaintiffs Will Continue to Resist Arbitration in Pending Cases

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more

Akin Gump Strauss Hauer & Feld LLP

The PAGA Report Explores the Future of Private Attorney General Litigation in 'After Viking River Cruises'

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more

CDF Labor Law LLP

Unpublished California Opinion Did Not Authorize Arbitration Over Threshold Issue of Independent Contractor or Employee in a PAGA...

CDF Labor Law LLP on

A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action.  Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more

Payne & Fears

Key California Employment Law Cases: September 2021

Payne & Fears on

Chamber of Commerce v. Bonta, No. 20-15291, 2021 WL 4187860 (9th Cir. Sep. 15, 2021) - Summary: The FAA does not preempt Labor Code section 432.6’s prohibition of mandatory employment arbitration agreements, but does...more

Shook, Hardy & Bacon L.L.P.

Arbitration in PAGA Actions

A California appellate court has ruled in Rosales v. Uber Technologies, Inc. that whether a plaintiff has standing to bring a Private Attorneys General Act (PAGA) action is a question that cannot be delegated to an...more

Proskauer - Minding Your Business

Uber Can’t Compel Arbitration of PAGA Claim According to California Court

On April 21, 2021, the Second Appellate District of the Court of Appeal of the State of California filed an unpublished opinion rejecting Uber’s attempt to enforce an arbitration provision that waived an employee’s right to...more

Proskauer - California Employment Law

Non-Severability Clause In Arbitration Agreement Invalidated Entire Agreement

Kec v. Superior Court, 2020 WL 3869721 (Cal. Ct. App. 2020) - Nichole Kec brought individual, class and Private Attorneys General Act (PAGA) claims against her employer, R.J. Reynolds Tobacco Co., et al. Kec had signed a...more

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

California Worker’s Claim for Individual Damages in LWDA Filing Held Not Dispositive in Motion to Compel Arbitration Inquiry

Although the Supreme Court of the United States has not yet taken up the issue, California courts routinely hold an employee cannot be compelled to submit to arbitration an action seeking penalties under the Private Attorneys...more

Payne & Fears

Key California Employment Law Cases: December 2019

Payne & Fears on

This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

Payne & Fears

Key California Employment Law Cases: September 2019

Payne & Fears on

ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Littler

California Supreme Court Rules that the “Underpaid Wages” Component of Labor Code Section 558 is Not a Civil Penalty under PAGA

Littler on

In ZB, N.A. v. Superior Court of San Diego County (Lawson), the California Supreme Court held that unpaid wages are not civil penalties under California Labor Code section 558 and are therefore outside the reach of...more

Seyfarth Shaw LLP

PAGA Claims Limited to Recovery of Civil Penalties

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court has held that an individual may not seek unpaid wages under Labor Code section 558. Section 558 can be invoked only by the Labor Commissioner or by an individual suing under...more

Manatt, Phelps & Phillips, LLP

Despite Epic, California Court Denies Motion to Compel Arbitration

In the latest arbitration battle involving Private Attorneys General Act (PAGA) claims, a California federal court denied an employer’s motion to compel despite recent U.S. Supreme Court precedent in Epic Systems Corp. v....more

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

California Court Invalidates Arbitration Agreement With PAGA Waiver

In an unpublished decision, the California Court of Appeal, Third Appellate District denied an employer’s motion to compel arbitration of a former employee’s Private Attorneys General Act (PAGA) claims. Instead, the court...more

38 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide