preemption

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Authored by Simon L. Yang

As discussed by our Consumer Class Defense Blog, this week’s Supreme Court decision in DirecTV, Inc. v. Imburgia reversed a California Court of Appeal that had applied the California Consumer Legal Remedies Act’s prohibition of class waivers in arbitration agreements. According to the lower court’s decision, an arbitration agreement’s terms—directing application of the “law…
Continue Reading Supreme Court Airs Re-Run on Class Waivers in DirecTV But Disappoints Again by Declining PAGA Waiver Programming

Authored by Emily Barker

This week, in Sakkab, et al v. Luxottica Retail North America, Inc., the Ninth Circuit ruled that an employee cannot waive the right to bring a representative action under the Private Attorneys General Act (“PAGA”) through an arbitration agreement or any other means. In so doing, it found the California Supreme Court’s “Iskanian …
Continue Reading Ninth Circuit’s Pro-PAGA Decision Is Not the Death Knell for Class Waivers in Arbitration Agreements

Co-authored by Arthur Rooney and Abad Lopez

In a victory for limiting the avenues available to employees covered by collective bargaining agreements, the Fourth Circuit Court of Appeals held that federal law preempts state law claims for unpaid wages where a CBA is implicated.  As a result, the Fourth Circuit reversed a jury verdict in favor of unionized employees in …
Continue Reading Company Cries “Fowl” Over Jury Verdict, Fourth Circuit Agrees — Poultry Workers’ State Law Wage Claims Are Preempted by Federal Law