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California Court Further Limits How PAGA Actions Can Be Arbitrated
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- Written by Jacquelyn E. Larson
In 2014, the California Supreme Court decided in Iskanian that individuals cannot be required to waive their right to be a representative and bring group/class claims under the Private Attorney General Act (“PAGA” or the “Act”). PAGA authorizes an “aggrieved employee” to bring a civil action personally and on behalf of other employees to recover civil penalties for an employer’s violations of the California Labor Code. The Act anticipates that the plaintiff will essentially act for the attorney general in enforcing the Labor Code. The Iskanian court found that an employee cannot waive the ability to arbitrate as a collective group. First, it is not the individual’s right to waive. Second, the Court reasoned that making employees bring separate claims through arbitration would frustrate the goal of the Act by creating more litigation.
Inquiring Minds Want To Know: The New I-9 Form
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- Written by Rebecca Hause-Schultz
In November 2015, the U.S. Citizenship and Immigration Services (“USCIS”) announced proposed changes to the Form I-9, Employment Eligibility Verification. The proposed changes were submitted for public comment and following comments, the revised form was submitted to the Office of Management and Budget (“OMB”) for final review and clearance. The USCIS recently announced that the OMB has approved the revised Form I-9, and that the revised I-9 will be published no later than November 22, 2016.