New CA Arbitration and PAGA Case
Great lawyers and judges keep current with the new published civil case law in their practice areas. It's easy if you find an excellent case summary subscription service. You'll save time and easily keep up with the new cases in your practice areas to win more and make more money. I offer just such a case summary service with California Case Summaries™, where I provide short summaries (one-paragraph), organized by legal topic, of every new published civil case in California in monthly, quarterly and annual publications.
Below is a discussion of a new CA civil case published last month.
Arbitration & 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.)
I still take a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (619) 990-4312.
Mediation, Arbitration and Referee Services
I also help attorneys and their clients by serving as a mediator, arbitrator and referee at ADR Services, Inc., handling cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule an ADR matter with me, contact my case manager at ADR services, Haward Cho, [email protected], (213) 683-1600.
Until my next blog post, stay safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Master Lawyer Mentoring™
Civil Trial Attorney
Mediator, Arbitrator & Referee
California Case Summaries™
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]
