In a victory for California employers, the U.S. Supreme Court held in Viking River Cruises, Inc. v. Moriana that the Federal Arbitration Act (FAA) requires enforcement of arbitration agreements that waive an employee’s right to bring a Private Attorneys General Act (PAGA) claim on a representative basis – requiring such claims be brought on an individual basis in arbitration.

Continue reading the full GT Alert.

* Special thanks to Summer Associates Kyle Elkins and Sierra Horton for their valuable contributions to this GT Alert. Not admitted to the practice of law.

Tags: California employment law, Federal Arbitration Act, GT Insight, PAGA, SCOTUS
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Photo of Timothy Long Timothy Long

Timothy Long, Co-Managing Shareholder of the Sacramento office, has deep experience litigating complex labor and employment issues, having served as lead counsel in multiple class, collective, and representative actions and advising on dozens more. Tim splits his time between GT’s Los Angeles and…

Timothy Long, Co-Managing Shareholder of the Sacramento office, has deep experience litigating complex labor and employment issues, having served as lead counsel in multiple class, collective, and representative actions and advising on dozens more. Tim splits his time between GT’s Los Angeles and Sacramento offices, and is Practice Group Leader of the Sacramento office’s Labor & Employment Practice. Tim’s clients have included a variety of financial institutions and entities, health care-related entities, airlines, retailers, high-tech companies, and transportation and logistics companies. Tim also advises private investment funds and their partners in disputes concerning the management of funds, removal of non-performing members, and disputes involving portfolio companies.

Tim has litigated virtually every wage-and-hour issue there is, including exemption, incentive compensation, independent contractor, off-the-clock, meal and rest, pay practice, and PAGA claims. He also has defeated class and collective certification (including at Stage One) in exemption, off-the-clock, and pay practice cases, and has defeated PAGA claims short of trial. Tim has also litigated a wide variety of discrimination, harassment, and retaliation claims, as well as wrongful termination, defamation, Anti-SLAPP, fraud, emotional distress, breach of contract, and other employment-related claims. Tim has both prosecuted and defended employers in trade secret and unfair business practices litigation. He has also resisted competitor efforts to enjoin the lawful practices of his clients.

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Rana Ayazi

Rana Ayazi represents employers in state and federal courts in a wide range of labor and employment law matters, including claims for discrimination, harassment, retaliation, trade secret misappropriation, wrongful termination, and wage-and-hour violations. Her experience includes representing and advising employers in single-plaintiff, class…

Rana Ayazi represents employers in state and federal courts in a wide range of labor and employment law matters, including claims for discrimination, harassment, retaliation, trade secret misappropriation, wrongful termination, and wage-and-hour violations. Her experience includes representing and advising employers in single-plaintiff, class action, and Private Attorney General Act (PAGA) lawsuits.

In addition to her litigation practice, Rana assists management in creating and implementing workplace practices and policies. She regularly counsels employers on compliance with leave policies (e.g., Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), Americans with Disabilities Act (ADA), local and supplemental paid sick leave law), wage-and-hour compliance (e.g., rest break and meal period policies, timely payment of wages, proper record keeping), employee discipline issues (e.g., risk assessment of termination, separation agreements), and COVID-19 legal requirements (e.g., reporting requirements, payroll records).

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