On January 20, 2015, the U.S. Supreme Court denied the petition for certiorari filed in CLS Transp. Los Angeles, LLC v. Iskanian, a case in which the California Supreme Court held that waivers of employees’ right to bring representative actions under California’s Private Attorneys General Act of 2004 (“PAGA”) are unenforceable under state law. You may read our previous post on the Iskanian decision here.

While the California Supreme Court in Iskanian declined to recognize PAGA waivers, several federal district courts are in open revolt, refusing to apply Iskanian. In fact, no fewer than four federal district courts have enforced waivers of representative PAGA claims, citing the U.S. Supreme Court’s decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2010), which held that “when state law prohibits outright the arbitration of a particular type of claim, the analysis is straightforward: the conflicting rule is displaced by the FAA.” You may read more about federal courts’ rejection of Iskanian here and here. The U.S. Supreme Court’s refusal to accept the case for hearing likely will result in a continuing split between state and federal district courts applying Iskanian — at least until the issue reaches the U.S. Court of Appeals for the Ninth Circuit, which has jurisdiction over federal courts sitting in California.

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Photo of Hal Brody Hal Brody

Hal Brody is a partner in the Labor & Employment Law Department. His practice is characterized by its diversity and he has represented employers in virtually every facet of labor and employment law.

For over 25 years, Hal has represented employers in almost…

Hal Brody is a partner in the Labor & Employment Law Department. His practice is characterized by its diversity and he has represented employers in virtually every facet of labor and employment law.

For over 25 years, Hal has represented employers in almost every conceivable forum. He has appeared before the National Labor Relations Board in connection with union organizing campaigns and unfair labor practice charges. He has handled numerous labor arbitrations. He has appeared before the Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing on a broad range of employment discrimination matters, and he has practiced before the California Division of Labor Standards Enforcement and the United States Department of Labor on a wide variety of wage and hour issues. Although very much a labor generalist, over the past several years, Hal’s practice has focused on employment litigation. He has appeared before trial and appellate courts throughout California, successfully representing employers in such matters as wrongful discharge, sexual harassment, ERISA, wage and hour, and employment discrimination lawsuits. The diversity of Hal’s practice can be gauged by the range of employers he has represented in such litigations: financial institutions; museums; hospitals; airlines; retailers; newspapers; food processors and distributors; theme parks; publishers; and television and motion picture companies.

Photo of Jose (Joe) Perez Jose (Joe) Perez

Joe Perez is an associate in the Labor & Employment Law Department. He has assisted in a wide range of employment litigation matters such as wage-and-hour, discrimination, privacy and other employment claims. He also plays a role in evaluating potential damages and mediating…

Joe Perez is an associate in the Labor & Employment Law Department. He has assisted in a wide range of employment litigation matters such as wage-and-hour, discrimination, privacy and other employment claims. He also plays a role in evaluating potential damages and mediating settlements.

Joe’s experience includes helping to draft employment policies and practices under both state and federal laws, as well as counseling clients on topics such as strategic corporate planning, reductions in force, co-employment and overtime exemptions. In addition, he has assisted with cross-border matters.