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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.

Tags: arbitration, california, California Private Attorneys General Act, GT Insight, PAGA, U.S. Supreme Court, union
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Photo of Ronald J. Holland Ronald J. Holland

Ron Holland litigates on behalf of employers in state and federal courts, focusing on wage and hour class actions, whistleblower suits, breach of contract, accusations of wrongful termination, harassment, discrimination, and other complex labor and employment matters. He defends employers nationwide in proceedings…

Ron Holland litigates on behalf of employers in state and federal courts, focusing on wage and hour class actions, whistleblower suits, breach of contract, accusations of wrongful termination, harassment, discrimination, and other complex labor and employment matters. He defends employers nationwide in proceedings before state and federal governmental agencies, including the Department of Fair Employment and Housing, the Equal Opportunity Employment Commission, the National Labor Relations Board (NLRB), the California Labor Commissioner, and the U.S. Department of Labor.

Ron’s clients span a range of industries, including retail, entertainment, automotive, aviation, paper production, manufacturing, printing, health care, warehousing, and the gig economy.

Ron’s traditional labor practice focuses on labor arbitrations, unfair labor practice and representation hearings, collective bargaining negotiations, and federal court litigation. He serves as lead negotiator in contract negotiations and handles representation and unfair labor practice cases before the NLRB. Ron counsels Fortune 500 companies on labor strategy, union organizing, and responding to union-backed corporate campaigns. Prior to the issuance of the new election rules in 2015, Ron prepared comments to the proposed rules and also testified in Washington D.C. before the NLRB.

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Photo of Ashley M. Farrell Pickett Ashley M. Farrell Pickett

Ashley M. Farrell Pickett defends companies in complex employment class and representative litigation in both state and federal courts throughout the country. She has deep experience representing large and small employers alike at all stages of high stakes litigation—from pre-trial demands through trial…

Ashley M. Farrell Pickett defends companies in complex employment class and representative litigation in both state and federal courts throughout the country. She has deep experience representing large and small employers alike at all stages of high stakes litigation—from pre-trial demands through trial or arbitration, settlement, and on appeal.

Ashley has litigated a wide range of employment claims facing companies, including wage and hour compliance, discrimination, retaliation, sexual harassment, leaves of absence, employee accommodations, personnel policies, and employment agreements. She is also skilled in advising employers on various issues to ensure compliance and avoid potentially costly litigation before it can arise.

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Photo of Anthony E. Guzman II Anthony E. Guzman II

Anthony Guzman represents employers in the defense of complex wage & hour class and collective actions, including those involving claims under California’s Private Attorneys General Act. He has wage & hour trial experience, and has argued in both state and federal court, as

…

Anthony Guzman represents employers in the defense of complex wage & hour class and collective actions, including those involving claims under California’s Private Attorneys General Act. He has wage & hour trial experience, and has argued in both state and federal court, as well as before state agencies such as the Division of Labor Standards Enforcement. Anthony also has notable experience in representing employers in sexual harassment, pay disparity, and trade secret disputes.

Anthony is an active member of the legal community, both in and outside the workplace. He regularly writes on various employment law topics, including the ever-changing legal landscape of employment arbitrations. He also serves as one of the coaches for U.C. Berkeley, School of Law’s mock trial program, where he coached their Labor & Employment trial team to a national championship during his first competitive season.

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