News & Analysis as of

Private Attorneys General Act (PAGA) Federal Arbitration Act 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For At Least One Employer, Reliance on an Outdated Arbitration Agreement Proved to be a Losing Gamble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

Ervin Cohen & Jessup LLP

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

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

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A recent unpublished California Court of Appeal decision, Hegemier v. A Better Life Recovery LLC, Cal.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

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

Jenner & Block

California Supreme Court Breaks from Federal Precedent on PAGA

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The California Supreme Court issued a much-anticipated Private Attorneys General Act (PAGA) decision in Adolph v. Uber Technologies, Inc. in July, departing from the United States Supreme Court’s 2022 ruling in Viking River...more

Fox Rothschild LLP

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

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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

ArentFox Schiff

California Supreme Court Unanimously Decides to Not Follow Viking River

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In a much-anticipated decision, the California Supreme Court in Adolph v. Uber Technologies unanimously held that a plaintiff, compelled to arbitrate individual claims under the Private Attorneys General Act (PAGA), does not...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

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

Husch Blackwell LLP

California Supreme Court Keeps Representative PAGA Claims Afloat in State Court

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In June 2022, the United States Supreme Court held in Viking River Cruises v. Moriana—contrary to California precedent—that the Federal Arbitration Act (FAA) allows PAGA claims to be split into individual and non-individual...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Rejects Part of Viking River: Is It Time to Update Your Arbitration Agreement (Again)?

In June 2022, the Supreme Court of the United States ruled in Viking River Cruises, Inc. v. Moriana that (1) the Federal Arbitration Act (FAA) requires the enforcement of an arbitration agreement that waives an employee’s...more

Orrick, Herrington & Sutcliffe LLP

Adolph v. Uber: Sending Individual PAGA Claims to Arbitration Does Not Affect Plaintiffs’ Standing to Pursue a Representative PAGA...

The California Supreme Court issued its long-awaited ruling in Adolph v. Uber Technologies, Inc. on July 17, 2023, holding that an employee can pursue a non-individual representative action under the Private Attorneys General...more

Ballard Spahr LLP

Viking River Cruises revisited

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We previously blogged about Viking River Cruises, Inc. v. Moriana, in which the U.S. Supreme Court held that individual employee claims under California’s Labor Code Private Attorneys General Act (PAGA) are subject to...more

Perkins Coie

California Supreme Court Limits Utility of Arbitration Agreements for PAGA Claims

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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

Stokes Wagner

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

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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

Morgan Lewis

Employee Required to Arbitrate Individual PAGA Claim Maintains Standing to Pursue Representative PAGA Court Claims

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In Adolph v. Uber Technologies Inc., the California Supreme Court held that it is not bound by the US Supreme Court’s interpretation of state law in Viking River Cruises v. Moriana, ruling that an order compelling arbitration...more

Snell & Wilmer

California Supreme Court’s Adolph v. Uber Technologies, Inc. Decision Reopens the Door for Representative PAGA Claims in Court

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California employers’ short-lived victory in the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana last June was substantially undone on Monday by the California Supreme Court’s decision in Adolph v. Uber...more

Wilson Sonsini Goodrich & Rosati

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

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

Littler

California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in...

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The California Supreme Court in Adolph v. Uber Technologies, Inc. affirmed the key holding in the U.S. Supreme Court’s landmark decision in Viking River Cruises v. Moriana last year—the FAA requires PAGA plaintiffs to...more

Seyfarth Shaw LLP

PAGA Plaintiffs Can Still Pursue Representative Claims Despite Individual Arbitration

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Seyfarth Synopsis: The California Supreme Court has held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court. Adolph v. Uber Technologies,...more

Seyfarth Shaw LLP

California Takes the Match With Adolph Ruling

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Seyfarth Synopsis: The California Supreme Court held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court in Adolph v. Uber Technologies,...more

Payne & Fears

California Supreme Court Issues Hotly Anticipated Decision on PAGA Claims and Arbitration

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In a long-awaited decision issued on July 17, 2023, the California Supreme Court held in Adolph v. Uber Technologies Inc. that a plaintiff who has been compelled to arbitrate his individual claims for civil penalties pursuant...more

CDF Labor Law LLP

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

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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

BakerHostetler

PAGA Standing Allows a Plaintiff to Have One Foot in a Compelled Individual Arbitration and One Foot in a Representative Court...

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On July 17, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. (Cal. Sup. Ct. Case No. S274671), in which it addressed whether a plaintiff who is compelled to arbitrate their individual...more

Weintraub Tobin

CA Supreme Court Holds Compelling Arbitration of Individual PAGA Claim Does Not Strip Standing to Litigate Representative Claims

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Yesterday, the California Supreme Court, in Adolph v. Uber Technologies, Inc., addressed the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S.Ct. 1906 (2022). The much-anticipated Adolph...more

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