California Supreme Court rejects SCOTUS decision, keeps state labor law alive

[stopdiggin]

3. thanks. and thanks for a decent explanation.

I wonder whether the CA decision will withstand scrutiny. (and how soon that will come?)

https://www.callaborlaw.com/entry/discretion-the-better-part-of-valor-in-defending-against-paga-claims

Since the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, employers have been implementing and enforcing arbitration agreements requiring employees to arbitrate their individual Private Attorneys’ General Act (“PAGA”) claims. But what happens to the representative PAGA claim once the employee’s individual PAGA claim has been severed and sent to arbitration?

The U.S. Supreme Court held in Viking River that under federal Article III standing law, the representative PAGA claim had to be dismissed from court. But, Justice Sonia Sotomayor’s concurring opinion in that case left the last word on standing to California courts and the California legislature.

California courts have issued mixed and conflicting rulings regarding what to do with the representative PAGA claim once the employee’s individual claims are compelled to arbitration. Some courts have dismissed the representative claims following the decision in Viking River. Others have stayed the representative claim while the arbitration of individual claims proceeds.