News & Analysis as of

Arbitration Agreements Labor Code Private Attorneys General Act (PAGA)

Proskauer - California Employment Law

The Headless PAGA Saga Continues

On February 26, 2025, in Parra Rodriguez v. Packers Sanitation, Inc., the California Court of Appeal (Fourth Appellate District) issued the latest published decision addressing the practice of filing so-called “headless”...more

CDF Labor Law LLP

PAGA Update: Key Lessons for Defending and Settling PAGA Cases

CDF Labor Law LLP on

Two recent Private Attorney General Act (PAGA) cases underscore the importance of effectively using procedural motions in defending such cases. 1.  Rodriguez v. Packers Sanitation Services LTD., LLC...more

Sheppard Mullin Richter & Hampton LLP

PAGA Plaintiffs Cannot Avoid Arbitration by Bringing a “Headless PAGA Lawsuit”

California’s Private Attorneys General Act (PAGA) allows “aggrieved employees” to sue their employers for Labor Code violations to collect civil penalties “on behalf of himself or herself and other current or former...more

Proskauer - California Employment Law

You Can’t Spell “Aggrieved Employees” Without an “I”: PAGA Claims Cannot be Headless

In yet another attempt to avoid arbitration agreements, plaintiffs’ lawyers in the wake of the blockbuster court decisions in Viking River Cruises, Inc. v. Moriana and Adolph v. Uber Technologies, Inc. began filing so-called...more

Buchalter

California Court of Appeal Holds Individual Wage and Hour Arbitration Award Precludes Subsequent PAGA Action

Buchalter on

A recent ruling in California’s Second District Court of Appeal has reaffirmed the importance of having employees sign comprehensive arbitration agreements. In Rodriguez v. Lawrence Equipment, Inc., 2024 WL 4719479, —...more

ArentFox Schiff

Rodriguez v. Lawrence Equipment, Inc.: Employee Lacks Standing to Pursue Representative PAGA Claim After Loss in Arbitration

ArentFox Schiff on

In Rodriguez v. Lawrence Equipment, Inc., Case No. B325261 (Nov. 8, 2024), the California Court of Appeal held that an employee who loses their Labor Code claims in an individual arbitration no longer has standing to pursue a...more

Amundsen Davis LLC

National State Employment Law Update

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Several changes impacting employers in jurisdictions across the nation are summarized in our latest blog post. California - Effective July 1, 2024- On July 1, 2024, Governor Newsom signed Assembly Bill 2288 (A.B. 2288)...more

CDF Labor Law LLP

Significant PAGA Reform on the Horizon: What Employers Need to Know (and Do) to Protect Themselves

CDF Labor Law LLP on

On June 17, labor and business groups reached an agreement with California Governor Newsom to reform California’s Private Attorneys General Act (PAGA). A summary of the deal was announced the following day.  The proposed...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Rules That Only Individual PAGA Claims Can Be Compelled to Arbitration

On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macy’s West Stores, after the employer appealed the district court’s decision ordering arbitration of both an employee’s individual and non-individual claims under...more

Proskauer - California Employment Law

Viking River Who?  Another Cautionary Tale About Arbitration Agreement Drafting

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

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Applies Adolph, Vacating Lower Court’s Dismissal of Employee’s Nonindividual PAGA Claims

On February 12, 2024, the Ninth Circuit in Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) vacated a district court’s dismissal of a former employee’s nonindividual PAGA claims and remanded the nonindividual...more

Falcon Rappaport & Berkman LLP

Navigating the Challenges of California’s PAGA Law: Insights for Employers

California’s Private Attorneys’ General Act, or PAGA, just celebrated its 20th birthday despite repeated, failed attempts at its repeal. California’s Labor Code is among the strictest in the nation and California law affords...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...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

CDF Labor Law LLP

[Webinar] When to Arbitrate PAGA Claims: Insights from Adolph v. Uber - September 26th, 10:00 am - 11:15 am PT

CDF Labor Law LLP on

Join us on September 26 for a comprehensive webinar hosted by CDF as we delve into the crucial subject of arbitrating PAGA claims, exploring its implications following the California Supreme Court's landmark decision in...more

Constangy, Brooks, Smith & Prophete, LLP

PAGA plaintiffs still have standing to pursue “representative” claims in court, even after individual claims are sent to...

One month after the U.S. Supreme Court rejected California’s ban on enforcing agreements that require the individual arbitration of claims under the Private Attorneys General Act of 2004, the California Supreme Court granted...more

Fox Rothschild LLP

The California Supreme Court Declares Its Stance on the Effect of Arbitration Agreements on PAGA Standing

Fox Rothschild LLP on

On July 17, 2023, the California Supreme Court delivered its highly anticipated response to the United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022), clarifying the effect of...more

MoFo Employment Law Commentary (ELC)

The California Supreme Court Clarifies PAGA Standing

On July 17, the California Supreme Court issued its opinion in Adolph v. Uber Technologies, Inc. (S274671, Cal. Jul. 2023), holding that an employee who has been compelled to arbitrate claims under the Labor Code Private...more

Troutman Pepper Locke

California Court of Appeal Holds That Onboarding Documents Affect Enforceability of Otherwise Valid Arbitration Agreement

Troutman Pepper Locke on

Q. As part of the employee onboarding process, my company requests that employees sign several documents, including an arbitration agreement and confidentiality agreement, on the first day of employment. Is the arbitration...more

Sheppard Mullin Richter & Hampton LLP

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

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

Meyers Nave

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

Meyers Nave on

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

Ballard Spahr LLP

CA Supreme Court Permits PAGA Claims in Court Despite Arbitration Agreement

Ballard Spahr LLP on

Summary - The California Supreme Court held in Adolph v. Uber Technologies, Inc. that a plaintiff compelled to arbitrate an individual California Labor Code Private Attorneys General Act (PAGA) claim still maintains...more

Fisher Phillips

California Supreme Court Boosts PAGA Claimants’ Rights in Highly Anticipated Decision: 5-Step Action Plan for Employers

Fisher Phillips on

The California Supreme Court ignored guidance from the U.S. Supreme Court Monday when it ruled that employees can still proceed with parts of their lawsuits against employers even if the PAGA portions of their claims are...more

Meyers Nave

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

Meyers Nave on

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

Carlton Fields

2 Ways Calif. Justices' PAGA Ruling May Play Out

Carlton Fields on

Under California's Private Attorneys General Act, does an aggrieved employee — who has been compelled to arbitrate their individual claims under PAGA and the California Labor Code — maintain statutory standing to pursue PAGA...more

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