Alternative Dispute Resolution
Oct. 23, 2026
Toll booth or open road? What Leeper v. Shipt could mean for PAGA mediations
"But what about the arbitration agreement?" In Leeper v. Shipt, the California Supreme Court's answer will change how PAGA cases are filed, valued and settled.
Leonid M. Zilberman
Partner
Wilson Turner Kosmo LLP
Phone: (619) 236-9600
Email: lzilberman@wilsonturnerkosmo.com
Lonny practices employment law, diversity, equity, and inclusion as well as mediation and alternative dispute resolution and provides anti-harassment and other employment-related training to California Employers.
Every mediator knows the moment. The numbers are on the table, both sides have conceded that the case has real value, and then someone asks the question that stops the room: "But what about the arbitration agreement?" In PAGA cases, that question has become harder to answer. Is an arbitration clause a toll booth that every plaintiff must pass through on the way to the courthouse, or can a plaintiff take the open road by pleading only the claims that belong to everyone else? The C...
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