The United States Supreme Court has granted certiorari to address the important question of whether the Federal Arbitration Act ("FAA") requires the enforcement of an arbitration agreement that would require representative action claims, including those under the California Private Attorneys General Act ("PAGA"), to be arbitrated.
Petitioner Viking River Cruises, Inc. ("Viking") sells multi-day cruises in various locations around the world. Respondent Moriana worked for Viking as a sales representative in California from late May 2016, to mid-June 2017. Before commencing her employment with Viking, Moriana signed an agreement to resolve all future employment-related disputes with Viking in arbitration. The arbitration agreement said it would apply to "any dispute arising out of or relating to [her] employment" and that "arbitration will replace going before… a court for a judge or jury trial." The agreement specifically provided that Moriana would waive class, collective, representative, and PAGA action procedures:
There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any purported class, collective, representative or private attorney general proceeding, including, without limitation, uncertified class actions.
Moriana was expressly permitted to opt out of this waiver: "You may opt-out of the Class Action Waiver by clicking...
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