California Court of Appeal

In this employment action involving alleged systematic and illegal Labor Code and wage-order violations by defendant, on remand for reconsideration of the case in light of Iskanian v. CLS Transportation Los Angeles, LLC, the trial court's order denying defendant's petition to compel arbitration of plaintiff's claims for individual and class action relief, and for representative relief under the Labor Code Private Attorneys General Act (PAGA), is reversed and remanded with directions to grant the petition for arbitration of plaintiff's individual claims, where: 1) employer-imposed class action waivers are enforceable; 2) the parties' Mutual Arbitration Policy agreement is not categorically unenforceable, as plaintiff's claims for individual relief are subject to arbitration, but his representative claims under PAGA are not; and 3) under PAGA, plaintiff's right to bring a representative action is unwaivable.

Appellate Information

• Decided 02/26/2015
• Published 02/26/2015

Judges

• Chaney

Court

• California Court of Appeal

Counsel