Viking v. Moriana
U.S. Supreme Court (cert. 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. The Supreme Court should take this case to end this practice, give effect to congressional intent, and provide an even playing field for national retailers.
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