Labor & Employment Law Blog

On September 28, 2015, the Ninth Circuit ruled that an employee’s right to pursue representative claims under the Private Attorneys General Act (“PAGA”) cannot be waived through employment arbitration agreements. In Sakkab v. Luxottica Retail North America, Inc., the court in a divided 2-1 panel decision, weighed in for the first time on the scope of federal arbitration law applied to representatives acting under PAGA and agreed with the California Supreme Court, resolving a split among federal district courts in California.