SAN FRANCISCO — A U.S. Court of Appeals for the Ninth Circuit panel grappled Wednesday with how to square federal arbitration law with the right of California workers to sue their employers under the state’s Private Attorney General Act.
Two members of the three-judge panel seemed skeptical that PAGA claims can be barred outright under the Federal Arbitration Act. However, the judges seemed less clear on how PAGA claims should proceed, especially under an arbitration agreement that expressly bans class or representative actions.
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