In a recent case, Correia v. NB Baker Electric, Inc., the California Court of Appeal held that employers cannot require employees to arbitrate their representative claims under the California Private Attorney General Act of 2004 (“PAGA”), Labor Code § 2699 et seq., without the State’s consent.
Continue Reading California Appellate Court Says PAGA Claims Can’t Be Compelled To Arbitration Without The State’s Consent
Iskanian
Class Action Waivers In Employment Arbitration Agreements Found Enforceable By California Court Of Appeal
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Posted in Agency Developments, Employment Policies
On June 4, 2012, the California Court of Appeal held that class-action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (“FAA”). In Iskanian v. CLS Transportation Los Angeles LLC, the appeal court affirmed an order to compel arbitration of wage-and-hour claims in light of the 2011 United States Supreme Court case AT&T Mobility LLC v. Concepcion. As a result, Iskanian provides employers with the necessary ammunition to argue for the enforceability of employment contract provisions providing for arbitration of claims and waiver of class-action lawsuits.Continue Reading Class Action Waivers In Employment Arbitration Agreements Found Enforceable By California Court Of Appeal