News & Analysis as of May 30, 2025

State Labor Laws

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The Importance of Having an Up-To-Date Employment Arbitration Agreement

Ervin Cohen & Jessup LLP on 5/13/2025

Until the United States Supreme Court’s decision in Viking River Cruises v. Moriana in 2022, California law had established that Private Attorneys General Act (“PAGA”) claims could not be subject to binding arbitration....more

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

Miles Mediation & Arbitration on 6/3/2024

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

SCOTUS Set To Weigh In On Whether Courts May Dismiss Actions That Are Referred To Arbitration

CDF Labor Law LLP on 1/19/2024

CDF Wage and Hour Task Force – Monthly Blog - Enforceable arbitration agreements continue to provide California employers who are faced with wage and hour claims with significant benefits....more

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

Proskauer - California Employment Law on 7/21/2023

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

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

CDF Labor Law LLP on 7/19/2023

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

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

Stoel Rives - World of Employment on 7/19/2023

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

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

Meyers Nave on 7/12/2023

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

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

Sheppard Mullin Richter & Hampton LLP on 4/6/2023

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

Key California Employment Law Cases: July 2022

Payne & Fears on 8/11/2022

Meda v. AutoZone Inc., No. B311398, 2022 WL 2813819 (Cal. Ct. App. July 19, 2022) - Summary: Where an employer has not expressly advised its employees that they may use a seat during their work and does not place seats at...more

Key California Employment Law Cases: June 2022

Payne & Fears on 7/13/2022

Viking River Cruises Inc. v. Moriana, 142 S.Ct. 1906 (2022) - Summary: The FAA “preempts the rule of Iskanian insofar as it precludes division of Private Attorneys General Act ("PAGA") actions into individual and...more

It's Time to Update Employee Arbitration Agreements

Payne & Fears on 7/6/2022

To ensure compliance with current California and Federal law and to benefit from recent court decisions, it is time for employers to review and update their employee arbitration agreements. Individual PAGA Claims Are...more

U.S. Supreme Court Enforces Employer’s Bilateral Arbitration Agreement, Approving Dismissal of PAGA Representative Claims

Allen Matkins on 6/30/2022

California employers that have adopted arbitration agreements received a big win from the U.S. Supreme Court on June 15, 2022. In Viking River Cruises, Inc. v. Moriana, the Court validated an employer’s arbitration agreement...more

Supreme Court Upholds Representative Action Waivers In Employee Arbitration Agreements

Jones Day on 6/29/2022

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

US Supreme Court Ruling Allows California Employers to Enforce Arbitration Agreements and Limit PAGA Claims

Hinshaw & Culbertson - Employment Law... on 6/27/2022

The United States Supreme Court's recent decision in Viking River Cruises v. Moriana, No. 20–1573 (June 15, 2022) benefits California employers as it will make it easier for them to enforce arbitration agreements related to...more

Viking River Cruises – What This Means for California Employers, Now and in the Future

Orrick, Herrington & Sutcliffe LLP on 6/24/2022

On June 15, 2022, the U.S. Supreme Court issued its highly anticipated decision in Viking River Cruises, Inc. v. Moriana, which has been heralded as a significant victory for employers. The majority (including Alito,...more

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

Proskauer - California Employment Law on 6/24/2022

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

US Supreme Court Finds Individual PAGA Claims Can Be Compelled to Arbitration

Morgan Lewis on 6/24/2022

The US Supreme Court has issued its highly anticipated opinion in Viking River Cruises Inc. v. Moriana, on whether the Federal Arbitration Act (FAA) preempts California law that invalidates contractual waivers in arbitration...more

U.S. Supreme Court Hands California Employers a Huge Win: Under the Federal Arbitration Act, Arbitration Agreements with Class...

Husch Blackwell LLP on 6/24/2022

In a landmark 8-1 ruling, the U.S. Supreme Court, in Viking River Cruises, Inc. v. Moriana (No. 20-1573, June 15, 2022), provided California employers with much needed relief from the onslaught of wage-hour claims brought...more

United States Supreme Court Overrules Ban on PAGA Arbitrations

Ervin Cohen & Jessup LLP on 6/22/2022

Private Attorneys General Act (“PAGA”) actions are the proverbial boogeyman to California employers. On June 15, 2022, the United States Supreme Court reined in some of this statute’s bite by holding that “aggrieved...more

#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave -...

Epstein Becker & Green on 6/22/2022

This week, we look at two significant court decisions for employers and bring you a practical update on new bereavement leave rules in Illinois. SCOTUS: FAA Preempts California’s PAGA Loophole Last week, the U.S. Supreme...more

US Supreme Court Overrules Key Holding of Iskanian Regarding Arbitrability of PAGA Claims

Akin Gump Strauss Hauer & Feld LLP on 6/20/2022

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

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

Stokes Wagner on 6/20/2022

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

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

Troutman Pepper Locke on 6/20/2022

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

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

Carlton Fields on 6/20/2022

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

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

Ballard Spahr LLP on 6/20/2022

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

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