Shulman Hodges & Bastian LLP
949-340-3400|949-427-1654

PAGA CLAIMS, WHETHER INDIVIDUAL OR REPRESENTATIVE, ARE NONWAIVEABLE VIA A PREDISPUTE ARBITRATION AGREEMENT

On November 16, 2016, the First Circuit Court of Appeal certified for publication its opinion in the Tanguilig v. Bloomingdales, Inc. case (San Francisco City and County Super. Ct. No. CGC-14-541208), which addressed the enforceability of PAGA waivers pursuant to Iskania v. CLS Transportation Los Angeles, LLC. Specifically, Bloomingdales moved to compel arbitration of Tanguilig's "individual PAGA claim." The trial court denied the motion and the Appellate Court affirmed, holding that "Iskanian v. CLS Transportation Los Angeles, LLC...and consistent with the Federal Arbitration Act (FAA)(9 U.S.C. et seq.), a PAGA representative claim is nonwaivable by a plaintiff-employee via a predispute arbitration agreement with an employer, and a PAGA claim (whether individual or representative) cannot be ordered to arbitration without the state's consent." The Appellate Court reasoned that, whether a PAGA claim is brought in an individual or representative capacity, the real party in interest is the state. Since a claim cannot be ordered to arbitration without the consent of the real party in interest, the individual v. representative nature of the PAGA claim was not relevant to the analysis. Rather, the analysis turned on the absence of the state's consent to arbitration.

If you have a lawsuit you need help prosecuting or defending in state or federal court contact the law firm of Shulman Hodges & Bastian LLP at 949-34-3400 or www.shbllp.com and ask to speak with one of our experienced litigation attorneys.

No Comments

Leave a comment
Comment Information

Irvine
Shulman Hodges & Bastian LLP
• 100 Spectrum Center Drive, Suite 600 • Irvine, CA 92618
• Local: 949-340-3400 • Fax: 949-340-3000 • Map & Directions
or contact us at 949-427-1654

Riverside
Shulman Hodges & Bastian LLP
• 3550 Vine Street, Suite 210 • Riverside, CA 92507 
• Local: 951-275-9300 • Fax: 951-275-9303 • Map & Directions
or contact us at 949-427-1654

Map