June 21, 2022
The U.S. Supreme Court ruling in the Viking River Cruises has dictated that claims brought under California’s Private Attorneys General Act (PAGA) can go to arbitration, stating that a former employee of Viking River Cruises should pursue her individual PAGA claims out of court and can no longer pursue non-individual PAGA claims in court.
In an interview with Law360, Senior Employment Counsel Corinne Spencer explained, “the takeaway now is that arbitration agreements in California are more rock solid, in terms of the protection that they offer to employers and defendants from representative actions.”
Workers who haven’t agreed to arbitrate will likely still bring class action and PAGA representative claims, but “if there are arbitration agreements that the plaintiffs’ attorneys learn about, then I imagine they won’t be trying to pursue class action or PAGA claims,” she said.
Read the Law360 article here (subscription required).