Tag Archives: PAGA

California Employers Cannot Rely on PAGA Claim Waivers in Arbitration Agreements with Employees

California’s Private Attorneys General Act of 2004 (PAGA) permits an “aggrieved employee” to bring a private right of action against an employer to recover civil penalties for specifically enumerated violations of the California Labor Code. See Cal. Lab. Code §§ … Continue reading

Posted in Arbitration, California, Uncategorized | Tagged , , , , , | Leave a comment

SCOTUS Denies Hearing to Resolve Split Regarding Whether an Employee Must Arbitrate PAGA Claims

The U.S. Supreme Court recently declined to review the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles, which held that arbitration provisions requiring employees to arbitrate representative actions pursuant to California’s Private Attorneys General Act of 2004 … Continue reading

Posted in Arbitration | Tagged , , | Leave a comment

Representative Action Waiver and Non-Severability Provision Made Arbitration Agreement Unenforceable

On January 7, 2015, in Montano v. The Wet Seal Retail, Inc., 2015 WL 84677, —- Cal.Rptr.3d —-, the California Court of Appeal, held that an arbitration agreement is unenforceable when it waived statutory representative actions such as claims under … Continue reading

Posted in Arbitration | Tagged , , , , , | Leave a comment