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ARTICLE · 12 OCTOBER 2015

Ninth Circuit Blesses Iskanian

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On September 28, 2015, the Ninth Circuit Court of Appeals issued a 2-1 decision in the long-awaited case of Sakkab v. Luxottica Retail North America, Inc.

United StatesEmployment and HR
Daniel De La Cruz
Daniel De La Cruz
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On September 28, 2015, the Ninth Circuit Court of Appeals issued a 2-1 decision in the long-awaited case of Sakkab v. Luxottica Retail North America, Inc. (No. 13-55184, D.C. No. 3:12-cv-00436-GPC-KSC) ("Sakkab"). The Court held that an arbitration agreement that requires arbitration of PAGA claims arising out of employment is unenforceable under California law.

Employer's Arbitration Agreement

Luxottica, which operated several eyewear retail stores, distributed a Retail Associate Guide to its employees upon hire. The Retail Associate Guide contained a dispute resolution agreement, which read:

You and the Company each agree that, no matter in what capacity, neither you nor the Company will (1) file (or join, participate or intervene in) against the other party any lawsuit or court case that related in any way to your employment with the Company or (2) file (or join, participate or intervene in) a class-based lawsuit, court case or arbitration (including any

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