The United States Supreme Court unfortunately denied review in Bridgestone Retail Operations v. Milton Brown (Docket No. 14-790) – thereby declining a second opportunity to review the California Supreme Court’s determination that PAGA representative action waivers in employment arbitration agreements are not enforceable. Earlier this year, the U.S. Supreme Court denied review in Iskanian v. CLS Transportation, which first presented the issue for review before the high Court. In Iskanian, the California Supreme Court of course held that class action waivers in arbitration agreements are enforceable, but that PAGA representative action waivers are not. The Iskanian Court’s reasoning is difficult to square with U.S. Supreme Court precedent in Concepcion v. AT&T Mobility. As such, many employers were hoping the Court would grant review if not in Iskanian then at least in Bridgestone — with the issue being presented for a second time in that case. No such luck.
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