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In the landmark case Iskanian v. CLS Transportation, 59 Cal.4th 348 (2014), the California Supreme Court approved the use of class waivers in pre-dispute agreements while at the same time forbid the use of waivers that precluded employees from pursuing PAGA claims. Following Iskanian, employees in California have shifted to pursuing claims through PAGA representative suits, as proposed class actions are frequently compelled to individual arbitration. Although PAGA actions are now commonplace, both plaintiffs and defendants continue to struggle with the mechanics and scope of this law. PAGA’s text remains frustratingly vague or incomplete, and while case law had rapidly evolved, many open issues remain, requiring further guidance from the courts. Ryan Wu, one of the lead attorneys in Iskanian and Williams v. Superior Court, 3 Cal.5th 531 (2017), will cover Iskanian’s impact on PAGA actions and the current state of PAGA law. He will also discuss some of the unresolved issues in PAGA that has currently left practitioners adrift and suggest some possible paths forward.
1 Participatory MCLE Credits
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