Iskanian

02/03/2015

Employee Lawsuits Upheld Under Private Attorneys General Act

Employee Lawsuits May Proceed Under PAGA

California and federal laws generally uphold arbitration waivers in employment agreements signed by an employees.  These arbitration agreements often prevent employee lawsuits should a dispute arise regarding wages or other workplace conditions. In Iskanian v. CLS Transportation Los Angeles, LLC, however, the California Supreme Court entertained the issue of whether an arbitration agreement containing a waiver for class actions also applies to a disgruntled employee bringing or participating in a representative claim under the Private Attorneys General Act ("PAGA"). What Are PAGA Claims? Claims brought under... Read More
10/09/2014

Private Attorneys General Act Lawsuits Not Precluded by Arbitration Clauses

Audet & Partners, LLP reports that a new opinion issued by a California appellate court has revived employment claims brought by a workers under the California Private Attorneys General Act ("PAGA") despite the fact that the worker had signed a mandatory arbitration agreement in connection with her employment.  Reyna Marie Ybarra v. Apartment and Investment Management Co., case number B245901, in the Court of Appeal of the State of California, Second Appellate District. Ms. Ybarra had brought a lawsuit in California in... Read More