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Julian v. Glenair, Inc., 19 Cal. App.5th 277 (2017)

The Appellate Case

The case “Julian v. Glenair, Inc., 19 Cal. App.5th 277 (2017)” primarily revolved around a dispute over arbitration of claims under the Labor Code Private Attorneys General Act of 2004 (PAGA; Lab. Code, S 2698 et seq.). The respondents, Malissa and Machele Julian, were employees of Glenair, Inc. and had initiated an action against the company based on alleged violations of the Labor Code and the unfair competition law, as well as a PAGA claim for civil penalties.

Glenair, Inc., the appellant, contested the denial of its motion to compel arbitration of the Julians’ PAGA claim. Glenair argued that an agreement the Julians had signed during their employment should compel them to arbitrate the claim.

The trial court had denied Glenair’s petition, stating that “Iskanian establishes that a predispute arbitration clause . cannot be used to compel arbitration of PAGA claims.” The court further added that any agreement by the Julians to arbitrate a PAGA claim, which was entered into before they were statutorily authorized to bring such a claim on behalf of the state, is an unenforceable predispute waiver.

This case was later recognized as abrogation by “Lewis v. Simplified Labor Staffing Solutions, Inc., December 5, 2022”.

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

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