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Ninth Circuit Holds that Waivers of PAGA Claims Can’t be Enforced

Ninth Circuit Holds that Waivers of PAGA Claims Can’t be Enforced

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Now, a federal appeals court worked another blow to California companies.

In Shukri Sakkab v. Luxottica Retail The United States, Corporation., a divided U.S. Court of Appeals for that Ninth Circuit ruled the Federal Arbitration Act (FAA) doesn’t preempt a California court-produced rule that the employee’s to bring representative wage and hour claims under California’s “Private Lawyers General Act” (PAGA) can’t be waived with a private arbitration agreement. In PAGA claims, the worker functions because the “state’s representative” to find redress for alleged California Labor Code violations. PAGA claims and traditional “wage and hour” class action lawsuit claims are extremely similar anyway – just the remedy differs. In PAGA claims, the condition of California is titled to 75% from the recovery, and also the employees get the remaining 25%. At school actions, the workers receive 100% from the recovery.

In so ruling, the government appeals court has asserted that freely negotiated arbitration contracts to submit all disputes between your employer and worker to arbitration can’t be enforced, even through the worker. As a result, the ruling implies that all PAGA claims should be resolved inside a court, and never in arbitration.

The choice is really a victory for workers trying to press California condition law wage claims, despite being included in arbitration contracts that preclude class actions.

Because of this newest ruling, California companies have to exercise increased vigilance to conform using the state’s complex employment laws and regulations and can’t depend with an arbitration agreement using its employees to rapidly, efficiently and independently resolve all disputes.

[Photo credit:  Felix Pergande © 123RF.com]

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