U.S. Supreme Court,
Civil Litigation,
Labor/Employment
Jul. 13, 2018
An Epic shadow over PAGA
It will take time before there is a definitive decision as to whether California’s rule of non-waiver in PAGA cases can be reconciled with the FAA in light of the U.S. Supreme Court’s decision in Epic Systems.
Edward F. Donohue III
Partner
Hinshaw Culbertson LLP
Email: edonohue@hinshawlaw.com
Georgetown Univ Law Ctr; Washington DC
Edward is a business litigator who primarily represents business professionals, real estate, insurance and financial services companies.
In Epic Systems Corporation v. Lewis, 138 S. Ct. 1612 (2018), a divided U.S. Supreme Court ruled that the right to bring a collective action under Section 16 of the Fair Labor Standards Act (29 U.S.C. Section 16(b)) could be waived by an employee in the arbitration clause of an employment agreement. The court found the waiver effectively barred the plaintiff from bringing a so-called "collective" action under the FLSA on behalf of similarly...
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