Arshavir Iskanian, Plaintiff and Appellant v. Cls Transportation Los Angeles, LLC, Defendant an — Werdegar, J…

Summary

Justice Werdegar’s concurring and dissenting opinion agrees that Iskanian’s PAGA claims are not barred by the employment agreement or the FAA, but disagrees that the agreement’s class and class-arbitration waivers are lawful. She reasons that federal labor law protects employees’ right to engage in concerted litigation and invalidates contractual provisions requiring employees to surrender that right, including provisions requiring individual arbitration. Justice Werdegar would therefore reverse the Court of Appeal in its entirety. Justice Chin, concurring, agrees that the class waiver is lawful and the PAGA waiver is invalid, but rejects portions of the majority’s FAA reasoning and questions the majority’s characterization of PAGA claims as outside the FAA’s coverage.