The California Supreme Court has granted review of that decision and deferred briefing pending its decision in Iskanian v. CLS Transportation of Los Angeles (Case No. S204032) (discussed here), which presents the following issues:
- Did AT&T Mobility LLC v. Concepcion (2011) 563 U.S. __ impliedly overrule Gentry v. Superior Court (2007) 42 Cal.4th 443 with respect to contractual class action waivers in the context of non-waivable labor law rights?
- Does the high court's decision permit arbitration agreements to override the statutory right to bring representative claims under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.)?
- Did defendant waive its right to compel arbitration?