In a ruling that could spur plaintiffs lawyers to file more representative suits under the Private Attorneys General Act, the Sixth District Court of Appeal has decided that a class action waiver in an employment arbitration agreement does not override an employee’s right to bring representative claims under PAGA. The new case is Brown v. Superior Court of Santa Clara County (Morgan Tire & Auto), 13 C.D.O.S. 5725.
Employees of Morgan Tire & Auto (doing business as Wheel Works) signed an employee dispute resolution plan, or EDRP, which provided that employment-related disputes would be submitted to mediation and arbitration only. The EDRP also stated that employees waived any rights:
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