A recent decision from California’s Fifth District Court of Appeal has deepened the divide among state courts on a critical issue under the Private Attorneys General Act (PAGA): whether a plaintiff may pursue representative...more
8/5/2025
/ Appellate Courts ,
Arbitration ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Split of Authority ,
Standing ,
State Labor Laws ,
Statutory Interpretation ,
Viking River Cruises Inc v Moriana ,
Wage and Hour
In the recent decision in Sanders v. Superior Court of Los Angeles County, the California Court of Appeal reinforced the consequences for employers who fail to timely pay arbitration fees in employment disputes....more
6/10/2025
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
Class Action ,
Employer Responsibilities ,
Employment Litigation ,
Federal Arbitration Act ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Wage and Hour
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
The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more
4/1/2025
/ Appeals ,
Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Representatives ,
Dispute Resolution ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Litigation Strategies ,
Private Attorneys General Act (PAGA) ,
Split of Authority ,
State Labor Laws
The Private Attorneys General Act of 2004 (“PAGA”) was intended to allow employees to bring actions on behalf of the State of California against employers who failed to comply with Labor Code sections that were considered...more
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
2/20/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Representatives ,
Employees ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Viking River Cruises Inc v Moriana
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
Until recently, California courts were split on whether Private Attorneys General Act (“PAGA”) claims could be dismissed for a lack of “manageability” – referring to the practicality of effectively conducting a trial on the...more
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
8/2/2023
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Class Representatives ,
Employment Litigation ,
Private Attorneys General Act (PAGA) ,
Standing ,
State Labor Laws ,
Uber ,
Viking River Cruises Inc v Moriana
Effective January 1, 2023, Senate Bill 1044 will prohibit employers from taking or threatening adverse action against any employee for refusing to report to, or leaving, a workplace or worksite during an “emergency condition”...more
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
Since the California Supreme Court’s ruling in Iskanian v. CLS Transportation Los Angeles, LLC in 2014, it has been widely understood that Private Attorneys’ General Act (“PAGA”) actions cannot be subject to employment...more
Since being enacted in 2004, the Private Attorneys General Act (PAGA) has been a proverbial bogeyman for employers in California. Despite having only a one-year look-back period, PAGA claims commonly inflate plaintiff’s...more