Proskauer partner Mark Harris, along with associate John Roberts, recently published an article “Appealing Class Certification Orders Under Rule 23(f)” which appeared in the New York Law Journal. To read the article, click here.
Proskauer on Class and Collective Actions
California Court Holds that Representative PAGA Claims Are Not Subject to Mandatory Arbitration
In a 2-1 decision, the California Court of Appeal held that representative actions under California’s Private Attorney General Act (PAGA) may not be waived in mandatory, pre-dispute employment arbitration agreements. (Brown v. Ralphs Grocery Co., Cal. Ct. App., No. B222689. This decision comes as something of a surprise in light of the U.S. Supreme Court’s recent ruling in AT&T Mobility, LLC v. Concepcion (2011) 563 U.S. __, 131 S. Ct. 1740 [pdf], which held that the Federal Arbitration Act (FAA) preempts state law and that class-action waiver provisions in California consumer arbitration agreements are generally enforceable (see prior blog post).