News & Analysis as of

California Arbitration Agreements Viking River Cruises Inc v Moriana

Proskauer - California Employment Law

For At Least One Employer, Reliance on an Outdated Arbitration Agreement Proved to be a Losing Gamble

As we have reported time and again, California courts have applied extra scrutiny to employee arbitration agreements in recent years, and have not hesitated to deny arbitration where there is a reasonable basis for doing so. ...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

Epstein Becker & Green

California Court of Appeal Holds That Every PAGA Action Necessarily Includes an Individual PAGA Claim – and Plaintiffs With...

Following the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana (2022) U.S. 639 and the California Supreme Court’s decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal. 5th 1104, when...more

ArentFox Schiff

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

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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

Proskauer - California Employment Law

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

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

Proskauer - California Employment Law

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

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

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

Stoel Rives - World of Employment

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

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

CDF Labor Law LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

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

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

Polsinelli

Mandatory Arbitration Agreements Remain Valid in California

Polsinelli on

California employers received welcome reassurance last week that they are free to require employees enter into arbitration agreements as a condition of employment. This is the result of an opinion from the Ninth Circuit last...more

CDF Labor Law LLP

CDF Wage and Hour Task Force – Monthly Tips (February 2023)

CDF Labor Law LLP on

This is the second post of a new monthly series of CDF’s Labor & Employment Law Blog providing California employers with wage and hour compliance tips and best practices. On the heels of the Ninth Circuit’s decision...more

Amundsen Davis LLC

Arbitration Agreements Live to See Another Day in California

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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

ArentFox Schiff

In an 8 to 1 US Supreme Court Decision, Employers With California Operations May Now Compel PAGA Claims to Arbitration

ArentFox Schiff on

In a recently issued 8 to 1 Decision in Viking River Cruises, Inc. v. Moriana, the United States Supreme Court held that individual claims based on the “only in California” Private Attorneys General Act (PAGA) may be...more

Kelley Drye & Warren LLP

US Supreme Court Overturned CA Supreme Court Decision

A few weeks ago, we hinted at the possibility that the United States Supreme Court may overturn parts of the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (Cal. 2014)....more

Jones Day

Supreme Court Upholds Representative Action Waivers In Employee Arbitration Agreements

Jones Day on

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

Tonkon Torp LLP

U.S. Supreme Court Delivers a Win for California Employers

Tonkon Torp LLP on

Last week, the U.S. Supreme Court handed down its much-anticipated decision in Viking River Cruises v. Moriana. The nation’s highest court switched course from California precedent to hold that Viking Cruises could compel its...more

Proskauer - California Employment Law

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

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

Fox Rothschild LLP

U.S. Supreme Court Rules Arbitration Agreements Can Include Enforceable Waivers of Employees’ Individual PAGA Claims

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In a much-needed win for employers, the U.S. Supreme Court has ruled that waivers of employees’ individual claims under California’s Private Attorneys General Act of 2004 (PAGA) are enforceable. The court’s decision in Viking...more

Morrison & Foerster LLP

Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration

The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. ___ (2022), is welcome news for California employers. In short, employers can compel “individual” claims under the Labor Code...more

Littler

Supreme Court Permits Arbitration of Individual PAGA Claims

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The United States Supreme Court’s decision in Viking River Cruises v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act...more

CDF Labor Law LLP

US Supreme Court Raids California’s PAGA Jurisprudence in Viking River

CDF Labor Law LLP on

Wednesday, the United States Supreme Court issued a highly anticipated decision in Viking River Cruises v. Moriana.  The decision addresses the apparent conflict between the Federal Arbitration Act (FAA) and California’s...more

Mintz - Employment Viewpoints

The Supreme Court Strikes a Blow to PAGA: What California Employers Need to Know

The U.S. Supreme Court has given businesses with California employees the option (at least for now) to avoid employee-initiated court proceedings under California’s Private Attorneys General Act (PAGA). On June 15, 2022, the...more

Perkins Coie

US Supreme Court Cracks the Door Slightly Open for Arbitration of PAGA Claims

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

Cozen O'Connor

US Supreme Court Places Limits on California’s PAGA Law

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This week, in an 8-1 decision, the United States Supreme Court ruled in the case of Moriana v. Viking River Cruises, Inc., that the Federal Arbitration Act (FAA) overrules, in part, California Supreme Court authority limiting...more

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