Analysis

Calif. Private AG Law: Coming To A State Near You?

Law360 (February 21, 2020, 11:56 AM EST) -- New York, Massachusetts and a handful of other states may soon follow California’s lead and empower workers to bring wage, discrimination and other employment lawsuits on the state’s behalf, blunting the arbitration agreements many businesses have adopted to ward off costly class actions.

The federal courts have made clear time and time again that state lawmakers’ efforts to curb arbitration agreements won’t fly in the face of the Federal Arbitration Act, which nullifies state laws that target these pacts. But proposed legislation modeled after California’s Private Attorneys General Act — which businesses have nicknamed “the bounty hunter law” — would circumvent...

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