Monday, December 19, 2016

Iskanian Applies to Individual PAGA Claims, Too

Tanguilig v. Bloomingdales Inc., No. A145283 (D2d5 Nov. 16, 2016)

In Iskanian v. CLS Trans. L.A., 59 Cal. 4th 348 (2014), the Supreme Court held that Labor Code Private Attorney General Act claims cannot be sent to arbitration under an arb agreement that includes a class action waiver. The gist is that PAGA claims more or less belong to the government in a qui tam-like capacity. That being the case, the matter can’t go to arbitration unless the government consents. That logic holds true for non-class PAGA claims, as much as it does for representative actions. Which resolves this appeal, in which Defendant unsuccessfully moved to send Plaintiff’s individual PAGA claim to arbitration.


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