Viking v. Moriana
U.S. Supreme Court (merits stage)
Question PresentedWhether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under the California Private Attorneys General Act.
Notwithstanding the U.S. Supreme Court’s decision in AT&T v. Concepcion and its progeny declaring that the Federal Arbitration Act preempts state law, the California judiciary continues to allow employees to utilize the California Private Attorneys General Act (PAGA) as a tool to circumvent valid arbitration agreements.
Cert Stage Brief
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