In Hernandez v. Ross Stores, the Court of Appeal upheld a trial court’s refusal to compel arbitration for a Plaintiff who brought a representative claim for alleged Labor Code violations under the Labor Code Private Attorney General Act (PAGA). The Court affirmed Williams v. Superior Court in holding that an employee cannot be compelled to submit any portion of a representative PAGA claim to arbitration, including whether the individual is an “aggrieved party” under the language of the PAGA.

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