Recently, one of our colleagues, Jim Harris, attended the oral argument in Iskanian v. CLS Transportation of Los Angeles, LLC.  The California Supreme Court’s decision, expected by July 3, 2014, will have significant consequences for employers who use or are contemplating using mandatory arbitration agreements with class action waivers.   The result could be that the Gentry case is going the way of the dinosaurs, while PAGA hangs on like a bird of prey.  Jim’s post starts below and continues on Seyfarth’s national Wage/Hour Blog, where you can finish reading it and find other newsworthy items.

The California Supreme Court heard oral argument in two important cases involving employment-related class actions.  From the tenor of and comments made at the argument, it appears likely that the ultimate results will be a mixed bag for employers. 

The first case, Iskanian v. CLS Transportation of Los Angeles, LLC, presents related questions regarding the impact on California practice of the decision in Concepcion, where the High Court overruled a California Supreme Court decision under which class action waivers in certain arbitration agreements were deemed unconscionable.  The threshold issue in Iskanian is whether another California Supreme Court decision, Gentry, also must fall under Concepcion. Continue reading here…