PAGA Claims After Viking River Cruises, with Eric Kingsley

The California Appellate Law Podcast

What does the U.S. Supreme Court’s holding in Viking River Cruises, Inc. v. Moriana mean for PAGA claims against employers in California? Employment attorney Eric Kingsley explains how, under Viking River, **employees now may be forced to waive their PAGA claims on a representative basis and arbitrate them individually instead. The holding disapproves the California Supreme Court decision in Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal.4th 348 as running afoul of the Federal Arbitration Act.

Eric explains that the effect of Viking River may be short-lived. The California Supreme Court has already granted review in another case involving whether arbitration may be compelled in a PAGA representative action in Adolph v. Uber Technologies, Inc. Eric explains how the Court may follow the lead offered in Justice Sotomayor’s Viking River concurrence.

Eric also shares his experiences litigating in the California Supreme Court, some other interesting employment cases, and the Dr. Sally Ride Memorial Highway.

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Other items discussed in the episode:

• Viking River Cruises, Inc. v. Moriana
• Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal.4th 348.
• Adolph v. Uber Technologies, Inc.
• Kim v. Reins
• Dr. Sally Ride Memorial Highway