Tuesday, January 10, 2017

Iskanian Applies to Threshold PAGA Issues Too.

Hernandez v. Ross Stores, Inc., No. E064026 (D4d2 Jan. 3, 2017)

Along the same lines as the recent Tanguilig case, this appeal addresses a motion to compel arbitration over an individual’s PAGA claim. As we’ve discussed many times, in the Iskanian case the Supreme Court held that because PAGA claims essentially belong to the state, they aren’t subject to arbitaration agreements between employer and employee. As the court explains here, that covers the whole claim, including whether plaintiff is an “aggrieved person” under PAGA and thus has standing to sue. There’s no basis to compel that determination to arbitration, even if it is technically predicate to the application of PAGA.


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