Uber, Lyft, Lawyers, Misclassified Workers: PAGA Claims Are Not Arbitrable
In recent years the courts of this State have reviewed several petitions compelling arbitration or otherwise whether an arbitration clause in employment or independent contractor engagement agreements are enforceable with respect to PAGA claims. ( Z.B., N.A. v. Superior Court (2019) 8 Cal.5th 175; Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348; Provost v. YourMechanic, Inc. (2020) 55 Cal.App.5th 982; Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App.5th 602; Jilian v. Glenair, Inc. (2017) 7 Cal.App.5th 853.) Counsel for those seeking to enforce a catch-all arbitration clause in an employment agreement to avoid PAGA claims in the California court system often cite Epic Systems Corporation v. Lewis (2018) 138 S.Ct. 1612 ( Epic ) for the proposition that Epic preempts California law. But, the construction, interpretation, and enforcement of a contract are governed by State law and, general...