New Arbitration & PAGA Case

arbitration paga Oct 11, 2022
 

To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog post, I discuss a new civil case that was published last month. 


Arbitration and PAGA

Under California law, a PAGA claim cannot typically be sent to arbitration. But, like so many other rules in the law, this rule is not absolute. Last month, the Second District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below.

New Arbitration and PAGA Decision  

Oswald v. Murray Plumbing & Heating Corp. (2022) _ Cal.App.5th _ , 2022 WL 4008088: The Court of Appeal reversed the trial court's order denying defendant's motion to compel arbitration in plaintiff's lawsuit alleging violations of the Private Attorneys General Act (PAGA; Labor Code, section 2698 et seq.). While the right to file a PAGA action generally cannot be waived by contract, the Labor Code exempts construction workers from PAGA if a collective bargaining agreement (CBA)covers wages, hours and working conditions and (1) has a grievance and arbitration procedure to redress Labor Code violations; (2) clearly waives PAGA; and (3) authorizes the arbitrator to award all remedies available under the Labor Code. (Labor Code, section 2699.6(a).) The employment relationship between plaintiff and defendant was governed by a Master Agreement (Agreement) between plaintiff's union and defendant's contractor association, effective from 2017 to 2026. The Agreement was a CBA requiring arbitration of disputes—including ones arising under PAGA—as the sole and exclusive remedy. The Court of Appeal held, as a matter of law, that the CBA clearly waived PAGA and satisfied the requirements of Labor Code section 2699.6(a). The trial court was ordered to enter an order directing the parties to arbitrate their dispute. (C.A. 2nd, September 2, 2022.)   


Mediation, Arbitration and Referee Services

I help attorneys and their clients throughout California serving as a mediator, arbitrator and referee at ADR Services, Inc., handling business, commercial, employment, insurance bad faith, insurance coverage, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death cases. I'm an expert in new California civil case law and using Zoom. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. To schedule a new matter, please contact my case manager at ADR services, Ins.,  Haward Cho, [email protected], (213) 683-1600.  


California Case Summaries™

Since 2012, I've helped many California lawyers easily keep up with the new case law in their practice areas by publishing California Case Summaries™ with short summaries (one-paragraph), organized by legal topic, of every new CA civil case published in monthly, quarterly and annual subscription editions. My publications are available to a limited number of subscribers, giving them a competitive advantage. They are periodically opened to new subscribers. My subscribers save time, win more, and make more money.
 
Join Our Email List: To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021click here. 
 


Until my next blog post, stay safe and healthy.


Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
California Case Summaries™
Lawyer Master Mentoring™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]

Close

50% Complete

Two Step

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.