Supreme Court: An Employee’s Individual PAGA Claim Must Be Adjudicated in Arbitration

Posted In Employment

On June 15, 2022, the Supreme Court of the United States finally issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana. The Court partially overturned Iskanian v. CLS Transportation Los Angeles, LLC (Iskanian), determining that the Federal Arbitration Act (FAA) preempts the aspect of Iskanian’s holding that precludes the division of Private Attorneys General Act of 2004 (PAGA) actions into individual and non-individual claims through an agreement to arbitrate. Meaning, if an employee subject to a valid arbitration agreement brings a PAGA claim, then the employee’s individual PAGA claim must be adjudicated in arbitration. (The individual aspect of the PAGA claim refers to violations of the Labor Code actually suffered by the plaintiff, whereas the non-individual “representative” aspect of the PAGA claim refers to the violations the plaintiff has alleged on behalf of other employees.)

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Ron Holland
Ron Holland represents employers in state and federal court litigation, including wage and hour class actions, whistleblowing, wrongful termination, harassment, discrimination, breach of contract, and other complex labor and employment matters. He has experience defending employers in proceedings before governmental agencies, such as the Department of Fair Employment and Housing, the Equal Opportunity Employment Commission, the National Labor Relations Board (NLRB), the California Labor Commissioner and the US Department of Labor. Read Ron Holland's full bio.


Marjorie Clara Soto
Marjorie Soto’s employment practice covers single-plaintiff and wage and hour class litigation. She defends employers in lawsuits alleging wrongful termination, discrimination, harassment, retaliation, and wage and hour violations. Marjorie has specialized experience working with clients in the food service, retail, materials science & engineering, staffing, and entertainment industries. She also has experience in traditional labor and pay equity best practices. Read Marjorie Soto's full bio.


Priya Singh
Priya Singh focuses her practice on employment law matters. Read Priya Singh's full bio.


Lauren Ziegler
Lauren focuses her practice on employment litigation and counseling. She advocates for clients in federal and state courts and administrative agencies. She defends single-plaintiff and wage and hour class lawsuits and has experience litigating claims of wrongful termination, discrimination, harassment, retaliation, and wage and hour violations. She also successfully resolves employee disputes pre-litigation and advises employers on day-to-day employment matters. Read Lauren Ziegler's full bio.

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