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Labor/Employment,
California Courts of Appeal

Feb. 26, 2019

State appellate panel says PAGA is waiver-proof despite US Supreme Court’s Epic Systems ruling

In the case decided Monday, Baker Electric argued that a trial court erred in holding the plaintiff’s PAGA claim could not be compelled into arbitration.

State appellate panel says PAGA is waiver-proof despite US Supreme Court’s Epic Systems ruling
4th District Court of Appeal Justice Judith L. Haller

Private Attorneys General Act claims remain waiver-proof despite a U.S. Supreme Court decision last year upholding class action waivers under the Federal Arbitration Act, a state appeals panel ruled Monday.

In Epic Systems Corp. v. Lewis, the high court last year upheld such waivers under federal law. That left PAGA claims, which are not subject...

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