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The Recorder Publishes Josephine K. Petrick and Matt Liscovitz’s Analysis of California’s PAGA Arbitration Split
The Recorder/Law.com recently published “PAGA Arbitration Preclusion: Does an Arbitration Loss End the Representative Case?” by Norton Law attorneys Josephine K. Petrick and Matt Liscovitz. The article examines a growing split among California appellate courts over whether an employee who loses individual Labor Code claims in arbitration may still pursue representative claims under the Private Attorneys General Act (PAGA).
The authors analyze conflicting decisions interpreting Adolph v. Uber Technologies, 14 Cal. 5th 1104 (2023), and whether arbitration findings should have preclusive effect on PAGA standing. The article also explores the practical implications for employers and employees as courts remain divided on the issue.
Josephine says, “Until the California Supreme Court resolves the split, uncertainty will continue to affect arbitration strategy, employment agreements, and representative PAGA litigation throughout California.”
Josephine is a California State Bar-Certified Appellate Specialist and partner at the firm. She tracks California Supreme Court pending civil cases (https://www.askruly.com/resources/ca-supreme-court-civil-cases) and appellate splits of authority. Matt is an associate at the firm, who clerked for the Honorable Ana de Alba on the United States Court of Appeals for the Ninth Circuit and the United States District Court for the Eastern District of California.
Read “PAGA Arbitration Preclusion: Does an Arbitration Loss End the Representative Case?” here.