Labor and Employment Law

Ca. Labor & Emp't Rev. MAY 2024, VOLUME 38, NUMBER 3

ADR UPDATE

AUTHOR*

Hon. Michelle R. Rosenblatt (Ret.)

Cases involving late payment of arbitration fees and costs, and those involving the right to arbitrate individual claims while having the right to pursue representative Private Attorneys General Act (PAGA)1 claims in court, continue to dominate the appellate decisions involving employment arbitration. The most interesting offering in an opinion is actually Justice John Shepard Wiley, Jr.’s dissent in Hohenshelt v. Superior Court,2 in which he criticizes the remedy for late payment set forth by California statute.3

‘DISPUTE’ DEFINED UNDER THE EFAA

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