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Saturday, May 2, 2026

CDF Wage and Hour Task Force – Monthly Tips (February 2023) - JD Supra

This is the second post of a new monthly series of CDF’s Labor & Employment Law Blog providing California employers with wage and hour compliance tips and best practices.

On the heels of the Ninth Circuit’s decision blocking California’s bar to mandatory arbitration agreements, as reported earlier this month in the CDF blog and the United States Supreme Court’s ruling in Viking River Cruises v. Moriana, effectively permitting arbitration of individual Private Attorneys General Act (PAGA) claims, many California employers previously reluctant to roll-out mandatory arbitration agreements given uncertainties in developing case law are now re-considering this decision. California employers with existing arbitration agreements are, or at least should be, reviewing and likely revising existing agreements to comport with recent case law to ensure continued enforcement.

In wage and hour litigation, one of the primary benefits of having an arbitration agreement is the ability to include a class and representative action waiver, thereby requiring an employee to arbitrate his or her individual wage and hour claims, in addition to other purported employment-related disputes (except sexual harassment/assault), in arbitration rather than facing defense of alleged class action or representative/PAGA claims in court. The enforceability of such waivers is an incredibly important and valuable weapon/shield for California employers who are faced with class and PAGA claims filed in court....



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