California Labor &
Employment Law Blog
Sep 20, 2012

California Supreme Court Grants Review of Important Arbitration Case

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.  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.

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Sacramento Office Managing Partner and Chair of CDF’s Traditional Labor Law Practice Group. Mark has been practicing labor and employment law in California for thirty years. His practice has a special emphasis on the representation of California employers in union-management relations and handling federal and state court litigation and administrative matters triggered by all types of employment-related disputes. He is also adept at providing creative and practical legal advice to help minimize the risks inherent in employing workers in California. He recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®.
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