The debate over the right to waive California Private Attorneys General Act (PAGA) claims continues.
The most recent rule, as stated by the California Court of Appeal for the Fourth District this week, is...more
Must a plaintiff who brings an action under California’s Private Attorney General Act (PAGA) comply with Rule 23’s requirements? Although the Ninth Circuit has not addressed the issue, one California federal district court...more
Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more
Can your employees claim they are owed vacation pay from their first day at work? Last week, the California Court of Appeal reminded employers in California of the importance of a clear vacation policy to avoid that...more
In a big blow to employers, the California Supreme Court unanimously held today that plaintiffs and their lawyers must be given access to companywide employee contact information—including addresses and phone numbers—at the...more
Tuesday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more
10/1/2015
/ Arbitration ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
Class Action ,
Class Certification ,
CLS Transportation ,
En Banc Review ,
Federal Arbitration Act ,
Iskanian ,
Iskanian v CLS Transportation ,
Private Attorneys General Act (PAGA)
Yesterday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more
9/30/2015
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
CLS Transportation ,
Collective Actions ,
Employment Discrimination ,
En Banc Review ,
Federal Arbitration Act ,
Iskanian ,
Iskanian v CLS Transportation ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Unfair Labor Practices ,
Wage and Hour
This week, the U.S. Supreme Court declined to grant review in Iskanian v. CLS Transportation Los Angeles, LLC, leaving in place a California Supreme Court holding that pre-dispute arbitration agreements cannot require...more
1/23/2015
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Mandatory Arbitration Clauses ,
Petition for Writ of Certiorari ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Trucking Industry
The California Supreme Court today confirmed the validity of an employee’s waiver of the right to bring a class action contained in an arbitration agreement. That’s the good news. However, the court also held that these...more