California Appeals Court Holds That Employees’ Claims Under The Private Attorney General Act Are Not Subject To Arbitration

Proskauer Rose LLP Attorneys Kate Gold, Philippe A. Lebel and Cole D. Lewis have this article in The National Law Review, discussing the court’s decision in Collie v. The Icee Co. The article explains the holding that, notwithstanding precedent upholding broad arbitration language, under PAGA an employee stands in the shoes of the state, and “[t]he Court simply held that because the state did not agree to arbitrate its PAGA claim, ‘Icee cannot enforce a contractual provision to bind a nonparty [the state].’”