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Frances Hernandez is a partner in the Labor and Employment Practice Group in the firm's Orange County office.

On June 24, 2014, the California Supreme Court issued a controversial decision in Iskanian v. CLS Transportation Los Angeles, LLC.  While the Court in Iskanian confirmed that an express class action waiver in an employment arbitration agreement is enforceable under California law, it also held that an arbitration agreement provision barring arbitration of a workers’ representative Private Attorneys General Act (PAGA) claim is invalid as a matter of California public policy.  Under PAGA, employees can sue their employer for certain workplace violations on behalf of themselves, as well as other current or former employees, in “representative suits” similar to class actions.
Continue Reading UPDATE: SCOTUS Denies Petition For Cert In Iskanian