Labor and Employment Law

Recent Posts

Court Says PAGA Representative Action Waiver Is Unenforceable Even Though Plaintiff Had Ability to Opt Out of Arbitration Agreement
Posted on 4 Mar 2015 by Robin Largent

by Robin Largent Last week a California Court of Appeal addressed various issues relating to the enforceability of an employment arbitration agreement containing a class action and representative action waiver in the wake of the California Supreme... Read More

Ninth Circuit Upholds California Rule on Unenforceability of PAGA Representative Action Waivers
Posted on 5 Oct 2015 by Robin Largent

On September 28, the Ninth Circuit issued a surprising decision (disagreeing with the view of many California district courts), holding that the California Supreme Court’s Iskanian v CLS Transportation decision is not preempted by the Federal Arbitration... Read More

Court Invalidates Class Action Waiver Where Arbitration Agreement Not Governed by FAA
Posted on 2 Nov 2015 by Robin Largent

Earlier this week, a California Court of Appeal issued its published opinion in Garrido v. Air Liquide Industrial U.S ., holding that a class action waiver in an employment arbitration agreement was unconscionable and unenforceable. You're thinking... Read More

SCOTUS Denies Petition For Cert in Iskanian
Posted on 6 Feb 2015 by Sheppard Mullin

by Frances Hernandez , Marlene Nicolas and Lisa Harris On June 24, 2014, the California Supreme Court issued a controversial decision in Iskanian v. CLS Transportation Los Angeles, LLC , 2014 Cal. LEXIS 4318. While the Court in Iskanian confirmed that... Read More