Amalgamated Transit Union v. Superior Court, 2007 WL 602519 (Cal. Ct. App. Feb. 28, 2007)

Two labor unions representing mechanics and transit operators filed this lawsuit against several transit company employers, alleging the employers had failed to provide their employees with the meal and rest periods required by law. The unions asserted they had standing to sue under the Unfair Competition Law (UCL) and the Labor Code Private Attorneys General Act of 2004 (PAGA), which authorizes an aggrieved employee to bring a civil action on behalf of himself or herself and other current or former employees to recover civil penalties for violations of any section of the Labor Code. The Court of Appeal held that the unions have standing as assignees to assert the claims of union members who assigned their rights to recover wages owed to them, but not to assert claims on behalf of members who had not assigned their claims to the unions. The Court further held that Proposition 64 requires class certification of representative actions brought under the UCL.