L-R: Roland Juarez, Elizabeth Sherwood, and Christopher Pardo of Hunton Andrews Kurth. Courtesy photos In High Stakes Battle Between Arbitration and PAGA, Wins, Losses, and Questions
Given the rocky terrain and uncertain footing, California employers should consult their attorneys regarding the best strategy to employ in the face of PAGA claims.
March 25, 2024 at 05:09 PM
8 minute read
The legal path between employee arbitration agreements under the Federal Arbitration Act (FAA) and nonindividual representative claims under the California Private Attorney General Act (PAGA) has been anything but smooth. Two new (albeit unpublished and uncitable) cases, Piran v. Yamaha Motor, No. G062198, 2024 WL 484845 (Cal. Ct. App. Feb. 8, 2024)(unpub.) (Yamaha) and Cooley v. ServiceMaster, No. 23-15643, 2024 WL 866123 (9th Cir. Feb. 29, 2024) (ServiceMaster), help to illustrate the challenges and unanswered questions lingering in the wake of this rapidly developing area of law.
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