The U.S. Supreme Court has agreed to consider whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral arbitration agreement mandating that claims be brought on an individual basis and that employees may not bring representative claims, including claims under the California Private Attorneys General Act (PAGA). Viking River Cruises, Inc. v. Moriana, Docket No. 20-1573.
Petitioner Viking River Cruises, Inc. offers and sells voyages on a leading ocean and river cruise line. Respondent Angie Moriana worked for Viking as a sales representative in California from approximately May 31, 2016, to June 15, 2017.
Before beginning her employment, Moriana agreed to resolve all future employment-related disputes with Viking through bilateral arbitration. She entered into an arbitration agreement that applied to “any dispute arising out of or relating to [her] employment.” The agreement made clear that, subject to enumerated exceptions (which were not implicated in the case), “arbitration [would] replace going before … a court for a judge or jury trial.”
Further, under the heading, “How Arbitration Proceedings Are Conducted,” the agreement provided that, in arbitration, the parties would use individual, rather than class, collective, representative, or private attorney general action procedures. The agreement stated:
There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private...
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