Iskanian v. CLS Transportation Los Angeles, LLC (California)

The plaintiffs in this case argued that they should not be required to arbitrate their wage and hour claims as required by their employment agreements. We briefed the case and presented oral argument on behalf of the U.S. Chamber of Commerce, arguing that (1) California decisions restricting arbitration of employment claims are preempted by the Federal Arbitration Act; (2) claims under California’s Private Attorney General Act are not exempt from arbitration; (3) the NLRB’s interpretation of the National Labor Relations Act cannot invalidate private arbitration agreements; and (4) a defendant does not waive its right to arbitration by not filing an arbitration motion when doing so would have been futile under then-prevailing law.