Balderas v. Fresh Start Harvesting, Inc., 101 Cal. App. 5th 533 (2024)

Lizbeth Balderas sued her former employer on behalf of 500 other current and former employees of an agricultural company, seeking civil penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”).  In her complaint, Balderas stated she was “not suing in her individual capacity; she is proceeding herein solely under

Semprini v. Wedbush Secs. Inc., 101 Cal. App. 5th 518 (2024)

Joseph Semprini originally filed a lawsuit against his employer in 2015, which included individual claims, class action claims and a cause of action under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”).  Soon after this, Semprini and the employer entered into a stipulation to arbitrate plaintiff’s personal claims but have

We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024)

The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of the California Supreme Court’s holding in Adolph v. Uber Techs., Inc., 14 Cal. 5th 1104 (2023). Plaintiff in this case signed a contract with her employer (Lowe’s)

Estrada v. Royalty Carpet Mills, Inc., 15 Cal. 5th 582 (2024)

The California Supreme Court affirmed an appellate court judgment that “trial courts lack inherent authority to strike PAGA claims on manageability grounds”—that is, trial courts may not “dismiss [them] with prejudice.” In so holding, the Supreme Court overruled Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021).

The

All eyes will be on the United States this November as Americans head to the polls in the upcoming 2024 general election. Likely to go somewhat less noticed among the Presidential, Senate, and House races this year is a California ballot initiative that would repeal (after 20 long years!) the Labor Code Private Attorneys General Act of 2004—better known as PAGA. (We previously reported in

We invite you to review our newly-posted January 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

DeMarinis v. Heritage Bank of Commerce, 2023 WL 9113099 (Cal. Ct. App. 2023)

Former bank employees filed a lawsuit against their former employer for various wage-and-hour violations. The lawsuit included a Private Attorneys General Act (“PAGA”) claim, under which plaintiffs sued on behalf of all other “aggrieved employees” of the company. In response, the bank filed an unsuccessful motion to compel plaintiffs’ “individual” claims

The California Supreme Court has issued its much-anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether Private Attorneys General Act (PAGA) claims can be dismissed as unmanageable.  The Court affirmed a lower court’s decision, holding that “trial courts lack inherent authority to strike PAGA claims on manageability grounds”—that is, trial courts may not “dismiss [them] with prejudice.”  Slip op. at 1-2.  In