U.S. Supreme Court,
Labor/Employment,
Civil Litigation,
California Courts of Appeal
Jul. 7, 2022
California’s Private Attorneys General Act survives Viking River
The majority held that the FAA preempts a California Supreme Court rule prohibiting employers from mandating arbitration of “individual” PAGA claims. But it left undisturbed California law prohibiting the waiver of “representative” standing to bring PAGA claims.
Catherine L. Fisk
Professor
UC Berkeley School of Law
Email: cfisk@berkeley.edu
UC Berkeley SOL; Berkeley CA
The U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana, 20-1573 (U.S. Sup. Ct., June 15), that the Federal Arbitration Act (FAA) does not preempt California law invalidating contractual waivers of representative claims under the California Private Attorneys General Act (PAGA). California courts must decline to dismiss or to order arbitration of most PAGA claims in the face of such waivers.
Under the California Labor Code, em...
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