The California Court of Appeal recently denied an employer's appeal of a lower court's denial of its motion to compel arbitration of a lawsuit filed by a former employee that included claims under the Private Attorneys General Act (PAGA). The court of appeal held that the arbitration agreement contained a PAGA waiver that was impermissible. The appellate court invalidated the entire agreement for several reasons, including the fact that the agreement stated the waiver was a material term and the entire agreement would be void if the waiver was found unenforceable.
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