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California Workers Can’t Be Forced to Waive
Claims Under Private Attorneys General Act

Jan. 9, 2015, 5:00 AM

A retail employee in California can’t be forced to waive her right to pursue a representative wage and hour action under the state’s Private Attorneys General Act because such a waiver violates a state public policy that isn’t subject to federal preemption, the California Court of Appeal ruled Jan. 7 (Montano v. Wet Seal Retail, Inc., 2015 BL 2513, Cal. Ct. App., B244107, 1/7/15).

Affirming denial of Wet Seal Retail Inc.'s motion to compel arbitration, the appeals court said the arbitration agreement signed by Elizabeth Montano was unenforceable because of the clause purporting to waive employees’ representative ...