WAGE & HOUR ADVISOR: Split of Authority in California Court of Appeal on Whether PAGA Claims for Unpaid Wages Can Be Ordered to Arbitration

The California Court of Appeal, Fourth District, issued a decision on December 19, 2017, holding that claims for unpaid wages brought under the PAGA law cannot be ordered to arbitration. In so holding, the Fourth District parted company with the Court of Appeal's Fifth District, which recently reached the opposite conclusion in a different case
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The California Court of Appeal, Fourth District, issued a decision on December 19, 2017, holding that claims for unpaid wages brought under the PAGA law cannot be ordered to arbitration. In so holding, the Fourth District parted company with the Court of Appeal's Fifth District, which recently reached the opposite conclusion in a different case.

Aaron Buckley is a partner at Paul, Plevin, Sullivan & Connaughton LLP in San Diego. He represents employers in cases involving wage and hour, discrimination, wrongful termination and other issues. Mr. Buckley is a member of the Wage & Hour Defense Institute, a defense-side wage and hour litigation group consisting of wage and hour litigators throughout the United States.

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