The U.S. Supreme Court’s 2022 ruling in Viking River Cruises v. Moriana gave California employers a brief reprieve from the onslaught of nonarbitrable Private Attorneys General Act claims.
Before then, PAGA’s structure was unique — allowing an aggrieved employee to bring a nonarbitrable suit on behalf of the state to recover penalties for Labor Code violations committed against both themself as an individual and other aggrieved employees as a representative. Viking River changed that and subjected the individual portion of those claims to arbitration.
Click here to read the full article, published by Law360 April 27, 2023. Reprinted with permission.