Commentary

The California Supreme Court's grant of review puts the viability of 'headless' PAGA claims squarely at issue. The answer will determine whether Viking River's arbitration framework can be circumvented through strategic claim abandonment.

Hohenshelt killed strict-liability forfeiture for late arbitration fee payments. But the decision does more than save future cases — it may rescue arbitration rights that were already declared forfeited.

AB 2288 and SB 92 created the most significant shift in PAGA defense strategy since 2004. But eighteen months after enactment, no published appellate decision has interpreted the reform provisions. What do we know about how they are working in practice?

California dealerships routinely condition commission payments on continued employment through deal funding. Under Sciborski, this practice is almost certainly unlawful — but it remains nearly invisible in litigation.