Bloomingdale's v. Tanguilig

Topic(s): 
Arbitration
Docket Number: 
16-1503
Documents:
Case Description: 

California law provides that an employment agreement may not force an employee to waive the right to bring representative claims pursuant to California’s Private Attorneys General Act (PAGA). The California Court of Appeal below held that the Federal Arbitration Act (FAA) does not preempt this anti-waiver rule,  and rejected defendant’s demand for arbitration of a supposed “individual” PAGA claim. Defendant and Petitioner Bloomingdale’s, Inc. now asserts that the  question presented by this case is whether the FAA “preempts a state-law rule that prohibits the enforcement of a pre-dispute arbitration agreement with respect to a dispute covered by the scope of that agreement unless the State consents.”