September 20, 2012 - 11:41 AM
Topics: Arbitration Agreements
Yesterday the California Supreme Court granted review of Iskanian v. CLS Transportation, the first published California case holding that Concepcion invalidates Gentry and that arbitration agreements containing class and representative (PAGA) action waivers are enforceable in California. For more detail on the Iskanian case and the court of appeal decision, see our prior post here. The grant of review by the Supreme Court means that Iskanian is no longer citable authority, pending final decision by the Supreme Court. With the grant of review, it appears that employers will get the California Supreme Court's guidance on the impact of Concepcion on California jurisprudence relating to enforceability of class action and representative action waivers in employment arbitration agreements. A decision is unlikely for at least 12-24 months. In the meantime, it is likely that California's appellate courts will continue to weigh in on the subject. We will keep you posted.