The U.S. Supreme Court’s denial of certiorari in Iskanian v. CLS Transportation Los Angeles, LLC leaves intact (for now) the California Supreme Court’s decision holding that neither Supreme Court precedent nor the Federal Arbitration Act (FAA) preempt an employee’s right to bring a “representative” action under California’s Private Attorneys General Act (PAGA), even where the right to do so is expressly waived by the employee and employer in an arbitration agreement governed by the FAA.
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