News & Analysis as of June 5, 2025

Arbitration Agreements

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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

Every PAGA Action Has An Individual Component Which May Be Subject To Arbitration

Ervin Cohen & Jessup LLP on 2/20/2025

Prior to the United States Supreme Court’s decision in Viking River Cruises Inc. v. Moriana, California courts did not consider the components of a Private Attorneys General Act (“PAGA”) claim. ...more

California Employment Law Notes - July 2024

Proskauer Rose LLP on 8/1/2024

Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Viking River Who? Another Cautionary Tale About Arbitration Agreement Drafting

Proskauer - California Employment Law on 4/30/2024

A recent unpublished California Court of Appeal decision, Hegemier v. A Better Life Recovery LLC, Cal. Ct. App., 4th Dist., No. G061892, demonstrates the potential consequence of drafting an arbitration agreement without...more

Dismissal of Representative PAGA Claim Vacated Following Adolph v. Uber Techs.

Proskauer - California Employment Law on 4/4/2024

Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) - The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of...more

California Supreme Court Clarifies PAGA Standing When “Individual PAGA Claims” Have Been Compelled to Arbitration

Sheppard Mullin Richter & Hampton LLP on 7/25/2023

On July 17, 2023, the California Supreme Court decided an important state law issue raised by the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022). Viking River Cruises...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

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

Meyers Nave on 7/21/2023

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

California Supreme Court Limits Utility of Arbitration Agreements for PAGA Claims

Perkins Coie on 7/21/2023

California’s Private Attorneys General Act (PAGA) authorizes current and former employees to bring a representative action for civil penalties on behalf of the state against an employer for Labor Code violations committed...more

California Supreme Court Averts SCOTUS Viking River Decision, Allowing Litigation of PAGA Claims Despite Arbitration Agreement

Stokes Wagner on 7/21/2023

Last year, the U.S. Supreme Court issued an employer-friendly decision in Viking River Cruises v. Moriana. There, it held that the Federal Arbitration Act (FAA) preempts the California Private Attorneys General Act (PAGA)...more

California Supreme Court Rules Employees Can Pursue PAGA Claims on Behalf of Other Aggrieved Employees in Court Despite...

Wilson Sonsini Goodrich & Rosati on 7/20/2023

On July 17, 2023, the California Supreme Court ruled that where an employee has brought a California Private Attorneys General Act (PAGA) action that is comprised of both individual and non-individual claims, a court order...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

It Was Nice While It Lasted: California Supreme Court Has the Last Word on PAGA Standing

Stradling Yocca Carlson & Rauth on 7/18/2023

In June of last year, the United States Supreme Court held in Viking River Cruises, Inc. v. Moriana that a plaintiff in an action under the Private Attorney General Act (“PAGA”) loses standing to pursue claims on behalf of...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

It May Be Time To Update Those Arbitration Agreements Again!

Proskauer - California Employment Law on 6/6/2023

Back in the “good old days,” arbitration agreements barred just about any type of civil litigation that was filed in court. Then, as we reported in 2014, the California Supreme Court determined that Private Attorneys General...more

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

CDF Labor Law LLP on 5/17/2023

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

Cruising Down A Post-Viking River: A Look At Litigation Trends In The Nine Months Since The U.S. Supreme Court’s Decision In...

MoFo Employment Law Commentary (ELC) on 4/12/2023

The U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, 142 S. Ct. 1906 (2022), in June 2022 delivered a victory for California employers facing claims brought pursuant to the Labor Code Private Attorneys...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

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

Sheppard Mullin Richter & Hampton LLP on 3/23/2023

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

Ninth Circuit’s Reversal Allows Mandatory Employment Arbitration Agreements in California

ArentFox Schiff on 2/27/2023

In another reversal of course, the US Ninth Circuit Court of Appeals cleared the way again for California employers to require arbitration agreements. The latest 2-1 decision in Chamber of Commerce v. Bonta, issued on...more

Arbitration Agreements Live to See Another Day in California

Amundsen Davis LLC on 2/17/2023

On February 15, 2023, in Chamber of Commerce of the United States of America et al. v. Bonta et al., a panel of the U.S. Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (“FAA”) preempts a state...more

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

Butler Snow LLP on 11/8/2022

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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Supreme Court of the United States › Private Attorneys General Act (PAGA) › Arbitration Agreements

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

Every PAGA Action Has An Individual Component Which May Be Subject To Arbitration

California Employment Law Notes - July 2024

Viking River Who? Another Cautionary Tale About Arbitration Agreement Drafting

Dismissal of Representative PAGA Claim Vacated Following Adolph v. Uber Techs.

California Supreme Court Clarifies PAGA Standing When “Individual PAGA Claims” Have Been Compelled to Arbitration

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

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

California Supreme Court Limits Utility of Arbitration Agreements for PAGA Claims

California Supreme Court Averts SCOTUS Viking River Decision, Allowing Litigation of PAGA Claims Despite Arbitration Agreement

California Supreme Court Rules Employees Can Pursue PAGA Claims on Behalf of Other Aggrieved Employees in Court Despite...

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

It Was Nice While It Lasted: California Supreme Court Has the Last Word on PAGA Standing

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

It May Be Time To Update Those Arbitration Agreements Again!

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

Cruising Down A Post-Viking River: A Look At Litigation Trends In The Nine Months Since The U.S. Supreme Court’s Decision In...

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

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

Ninth Circuit’s Reversal Allows Mandatory Employment Arbitration Agreements in California

Arbitration Agreements Live to See Another Day in California

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

Key California Employment Law Cases: July 2022

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

[Podcast] Viking River Cruises: The Future of PAGA Arbitration

Supreme Court of the United States › Private Attorneys General Act (PAGA) › Arbitration Agreements

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