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Gary McLaughlin Quoted in Human Resources Director and SHRM regarding U.S. Supreme Court Decision That Individual PAGA Claims May Be Compelled to Arbitration

June 21, 2022

On June 16, 2022, MSK Partner Gary McLaughlin was quoted in the article, "What Supreme Court's PAGA ruling means for California employers," published by Human Resources Director. 

From the article... 

"In an 8-1 ruling, the Supreme Court said on Wednesday that PAGA doesn't permit employees to circumvent agreements to bring legal disputes in individual arbitration rather than court. Furthermore, the ruling doesn’t allow employers to enforce the waiver of an employee’s right to bring PAGA claims entirely, according to labor and employment lawyer Gary McLaughlin, partner at Los Angeles-based law firm Mitchell Silberberg & Knupp.

'But it does say that parties may, through an arbitration agreement, separate an employee’s individual PAGA claims (meaning those based on violations suffered by that individual employee) from those addressing violations suffered by other employees, and send that employee’s individual PAGA claims to arbitration,' McLaughlin told HRD." 

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Gary McLaughlin was also quoted in the article, "Supreme Court Permits Mandatory Arbitration of PAGA Claims," published by SHRM on June 16, 2022. 

From the article...

"'This gives California employers an important new tool they can use to mitigate the substantial risk posed by broad representative PAGA actions,' said Gary McLaughlin, an attorney with the firm Mitchell Silberberg and Knupp in Los Angeles. 'This ruling should mean fewer PAGA claims against employers that utilize arbitration agreements,' he added."

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