It’s official: The California Supreme Court will hear oral argument in Leeper v. Shipt, Inc. on Tuesday, November 3, 2026.  The Court’s newly released calendar lists Leeper as the second case in its 9:00 a.m. session in San Francisco.

As we’ve previously discussed here, here, and here, Leeper concerns so-called “headless” PAGA claims.  Christina Leeper alleged that Shipt misclassified workers as independent contractors but expressly pleaded only non-individual PAGA claims.  Under her arbitration agreement, Shipt could compel arbitration of her individual PAGA claim, but not the non-individual claims on behalf of other workers.  Leeper’s strategy: Leave out the individual claim and keep the case in court.

The trial court accepted Leeper’s “headless” pleading and denied Shipt’s motion to compel arbitration, reasoning that she had pleaded no individual PAGA claim to arbitrate.  The Court of Appeal disagreed.  It held that every PAGA action necessarily includes an individual component and directed the trial court to compel arbitration of that component and stay the remaining litigation.

The Supreme Court took up the case on its own motion to decide whether every PAGA action must include individual and non-individual claims—or whether plaintiffs can leave the individual component out.

For employers facing PAGA litigation, the question is straightforward: Can a plaintiff sidestep an arbitration agreement simply by leaving individual PAGA claims out of the complaint?  Leeper puts that question squarely before the justices.

Mark your calendars!  “Headless” PAGA is heading to the Supreme Court.  The argument will be livestreamed on the Court’s website.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Philippe A. Lebel Philippe A. Lebel

Philippe (Phil) A. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, defamation, trade secrets, and breach of contract litigation, in both the single-plaintiff and class- and/or representative-action context, at both the trial and…

Philippe (Phil) A. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, defamation, trade secrets, and breach of contract litigation, in both the single-plaintiff and class- and/or representative-action context, at both the trial and appellate levels, as well as before administrative agencies.

In addition to his litigation work, Phil regularly advises clients regarding compliance with federal, state and local employment laws, and assists a variety of companies and financial firms in evaluating labor and employment issues in connection with corporate transactions. Phil also has experience assisting employers with sensitive employee investigations, cutting edge-trainings, pay equity analyses and comprehensive audits of employment practices.

Phil has assisted clients in a wide array of sectors including in the biotech, education, entertainment, fashion, financial services, fitness, healthcare, high-tech, legal services, manufacturing, media, professional services, retail, sports, and staffing industries, among others.

Phil regularly speaks on emerging issues for employers and has been published or quoted in Law360, the Daily Journal, The Hollywood Reporter, Business Insurance, and SHRM.org regarding a variety of labor and employment law topics.

Before law school, Phil was an intern with the National Gay and Lesbian Task Force and the Gay and Lesbian Victory Fund, during which he assisted on political campaigns in Alabama and Georgia. Phil is a former member of the Board of Directors of the AIDS Legal Referral Panel.

Photo of Jennifer McDermott Jennifer McDermott

Jennifer McDermott is an associate in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration Practice Group, the Wage and Hour Practice Group, and the Class and Collective Action Practice Group. Jennifer defends employers in a variety…

Jennifer McDermott is an associate in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration Practice Group, the Wage and Hour Practice Group, and the Class and Collective Action Practice Group. Jennifer defends employers in a variety of labor and employment matters in both state and federal courts, including wage and hour single-plaintiff lawsuits and class, collective, and Private Attorneys General Act (PAGA) representative actions. In addition to her wage and hour work, Jennifer defends employers in single-plaintiff wrongful termination, discrimination, harassment, and retaliation cases, and in employment arbitrations. Jennifer is also a contributor to Proskauer’s California Employment Law Blog.

Jennifer received her B.A. from UCLA, where she graduated summa cum laude and was elected Phi Beta Kappa, and she earned her J.D. from UCLA School of Law. While in law school, Jennifer completed a judicial externship for the Honorable Richard A. Paez of the U.S. Court of Appeals for the 9th Circuit. She also served as a legal writing advisor to first-year students and worked as a legal advocate at the Lanterman Special Education Law Clinic. Jennifer received a Dean’s Merit Scholarship, the B. Epstein and C. Kim Tax Law Scholarship, and two Masin Family Academic Excellence Gold Awards for the highest grade in Legal Research & Writing and Disability Law.

Jennifer was selected to be a Protégée for Proskauer’s Women’s Sponsorship Program, an initiative for high-performing, midlevel associates that champions future leaders.  She was also selected to participate in Starbucks Diversity Mentorship Program and previously participated in Proskauer’s Mentorship Circle Program, both of which are programs designed to enhance the development of diverse associates.