By John F. Querio, a Partner with Horvitz & Levy LLP in Burbank, CA. California courts have long been hostile to enforcing arbitration agreements in employment and consumer protection cases, especially when arbitral class-action waivers are at issue. The US Supreme Court's decision in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), should have put this regrettable tendency to rest. However, in the years since Concepcion, the plaintiffs' bar and California courts have transformed a hitherto little-used state statute, the Labor Code Private Attorneys General Act of 2004 (PAGA), into a vehicle for circumventing the mandate of the Federal Arbitration Act (FAA) that arbitral limits on collective litigation must be respected. While courts in California have so far held that PAGA prohibits enforcement of class- and representative-action waivers in arbitration agreements and that the FAA does not preempt this result, the US Supreme Court has not yet weighed in on this issue. It may soon get the chance to do so.