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U.S. Supreme Court,
Civil Litigation,
Labor/Employment,
California Supreme Court,
California Courts of Appeal,
9th U.S. Circuit Court of Appeals

Mar. 2, 2018

The continuing saga of PAGA

One conclusion is certain: The PAGA saga is far from over. Each new California or 9th Circuit case introduces another question about the interplay between arbitration agreements and PAGA claims.

Peter R. Boutin

Senior Counsel
Keesal, Young & Logan PC

450 Pacific Avenue
San Francisco , CA 94133

Email: peter.boutin@kyl.com

Santa Clara Univ SOL; Santa Clara CA

See more...

Taylor J. Altman

Associate
Keesal, Young & Logan

Email: taylor.altman@kyl.com

See more...

California's Private Attorneys General Act has been a lightning rod among employment attorneys from the time of its enactment in 2004. Since the California Supreme Court decided Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), there have been even more heated debates about PAGA, particularly related to its impact on arbitration agreements.

PAGA, codified at Labor Code Sections 2698...

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Related Content

Employment Law

Iskanian v. CLS Transportation Los Angeles LLC

Arbitration agreement that compels waiver of representative actions under Private Attorneys General Act is unenforceable as a matter of public policy.

Employment Law

Sakkab v. Luxottica Retail N. Am.

FAA does not preempt Cal. law holding pre-dispute agreements waiving PAGA claims unenforceable because law is generally applicable, preserved under the FAA's savings clause, and does not ...

Arbitration

Tanguilig v. Bloomingdale's Inc.

Bloomingdale's cannot compel arbitration of employee's individual PAGA claim where representative action waiver remains unenforceable under 'Iskanian.'

Arbitration

Betancourt v. Prudential Overall Supply

Challenge to pleadings, not motion to compel arbitration, is proper procedural move for defendant employer that believes PAGA suit contains individual, non-PAGA claims.

Labor Law

Kim v. Reins International California, Inc.

Order granting summary adjudication on PAGA claim for lack of standing affirmed where plaintiff who voluntarily dismisses individual claims is not aggrieved employee under PAGA.

Arbitration

Julian v. Glenair Inc.

Agreement to arbitrate PAGA claim not enforceable where respondent enters into agreement before respondent is statutorily authorized to bring claim.

Arbitration

Modification: Julian v. Glenair Inc.

Agreement to arbitrate PAGA claim not enforceable where respondent enters into agreement before respondent is statutorily authorized to bring claim.

Employment Law

Perez v. U-Haul Company of California

Employer may not compel arbitration to determine if plaintiff is an 'aggrieved employee' under Labor Code in representative PAGA claim.

Arbitration

Esparza v. KS Industries L.P.

In employment dispute, PAGA claims seeking civil penalties are not subject to arbitration whereas claims to recover wages under Labor Code Section 558 are subject to arbitration.

Employment Law

Lawson v. ZB, N.A.

A prior arbitration agreement does not prevent an employee from bringing a civil enforcement action under the Private Attorneys General Act.

Employment Law

Modification: Lawson v. ZB, N.A.

A prior arbitration agreement does not prevent an employee from bringing a civil enforcement action under the Private Attorneys General Act.



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