Doin’ the PAGA Pogo: Court Rebuffs Ross Stores’ Efforts to Force Claims to Arbitration

HR Laws

Matthew A. Goodin, a Senior Attorney in the Employment, Labor & Workforce Management practice, in the firm’s San Francisco office, authored an article in HR Laws, titled “Doin' the PAGA Pogo: Court Rebuffs Ross Stores' Efforts to Force Claims to Arbitration.” (Read the full version – subscription required.)  The article was originally published in California Employment Law Letter.

Following is an excerpt:

In 2014, the California Supreme Court held in Iskanian v. CLS Transportation that because claims under California's Private Attorneys General Act (PAGA) are brought by individuals on behalf of state enforcement agencies, they are not disputes between employees and employers and therefore are not subject to arbitration. The Iskanian decision left a few questions unanswered, and employers continue to come up with creative arguments in their attempts to force employees to arbitrate their PAGA claims.