News & Analysis as of

State Labor Laws Arbitration Agreements Viking River Cruises Inc v Moriana

Ervin Cohen & Jessup LLP

The Importance of Having an Up-To-Date Employment Arbitration Agreement

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

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For At Least One Employer, Reliance on an Outdated Arbitration Agreement Proved to be a Losing Gamble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

Ervin Cohen & Jessup LLP

California Supreme Court Rules that PAGA Claims May Be Pursued in Court Despite Arbitration Agreement

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

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

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

Littler

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

Littler on

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

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...

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

BakerHostetler

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

BakerHostetler on

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

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

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

Payne & Fears

CA Court of Appeal Holds that Plaintiff Whose Individual PAGA Claims Were Ordered to Arbitration May Still Pursue Non-Individual...

Payne & Fears on

Disagreeing with the United States Supreme Court’s conclusion in Viking River Cruises, Inc. v. Moriana, the California Court of Appeal held in Galarsa v. Dolgen California LLC that a plaintiff who has been ordered to...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

Benesch

Ninth Circuit Nixes California’s Employment Arbitration Agreement Ban

Benesch on

Last week, the Ninth Circuit issued a significant ruling in Chamber of Commerce v. Bonta, concluding that California’s Assembly Bill 51 (“AB 51”) is preempted by the Federal Arbitration Act (“FAA”). AB 51, which was passed by...more

Payne & Fears

[Virtual Conference] Fear Nothing 2022: Virtual Employment Law Seminar - October 28th, 9:00 am - 3:00 pm PT

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Join us for our third annual all-day complimentary seminar on the most pressing employment law topics, transmitted to you in your home, office, or virtually anywhere with an internet connection. Attendees can enjoy one or all...more

Ervin Cohen & Jessup LLP

Update: Challenge to California’s Arbitration Agreement Law Marches On

​​​​​​​Employers throughout California have been keenly awaiting the final decision from the 9th Circuit Court of Appeals regarding the United States Chamber of Commerce’s challenge to California Labor Code section 432.6,...more

Payne & Fears

Key California Employment Law Cases: July 2022

Payne & Fears on

Meda v. AutoZone Inc., No. B311398, 2022 WL 2813819 (Cal. Ct. App. July 19, 2022) - Summary: Where an employer has not expressly advised its employees that they may use a seat during their work and does not place seats at...more

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

California High Court to Decide Viability of PAGA: Will Arbitration Agreements Still Serve as a Protective Shield for Employers?

There is a new, but not entirely unexpected, front in the continuing war over California Labor Code Private Attorneys General Act (PAGA) claims. On July 20, 2022, the California Supreme Court granted review in Adolph v. Uber...more

Payne & Fears

It's Time to Update Employee Arbitration Agreements

Payne & Fears on

To ensure compliance with current California and Federal law and to benefit from recent court decisions, it is time for employers to review and update their employee arbitration agreements. Individual PAGA Claims Are...more

Greenberg Glusker LLP

Employers Feel the Heat from Summer Legal Updates — Minimum Wage Increases, Arbitration Enforcement, and New COVID Safety...

Greenberg Glusker LLP on

Local Minimum Wage Increases Go Into Effect on July 1, 2022 - On July 1, 2022, a number of local governments throughout California will raise their minimum wage. In the City of Los Angeles, the new rate is $16.04/hour...more

Allen Matkins

U.S. Supreme Court Enforces Employer’s Bilateral Arbitration Agreement, Approving Dismissal of PAGA Representative Claims

Allen Matkins on

California employers that have adopted arbitration agreements received a big win from the U.S. Supreme Court on June 15, 2022. In Viking River Cruises, Inc. v. Moriana, the Court validated an employer’s arbitration agreement...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

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