Hill, Farrer & Burrill LLP

The Long-Awaited US Supreme Court Decision in Viking Rivers Clarifies that Individual PAGA Claims Can Be Compelled to Arbitration

On Wednesday, June 15, 2022, the United States Supreme Court issued its long-awaited ruling in Viking River Cruises v. Moriana, addressing the arbitrability of claims under California’s Private Attorneys General Act (PAGA).[1]

The Court held that the Federal Arbitration Act (FAA) conflicts with and displaces a rule invented by the California Supreme Court in 2014 in its Iskanian v. CLS Transp. Los Angeles, LLC opinion.  Until today, that rule precluded division of individual PAGA claims from non-individual PAGA claims, effectively precluding California courts from compelling individual PAGA actions to arbitration, even when the PAGA plaintiff employee had agreed to individual arbitration of any employment disputes.   Read more→