In Arias v. Superior Court, 46 Cal. 4th 969 (2009), the California Supreme Court ruled that Private Attorneys General Act (PAGA) actions need not satisfy class action requirements, and in the fourteen years since, PAGA plaintiffs have routinely (and often successfully) resisted attempts to apply class action principles to PAGA actions. A recent unpublished California Court of Appeal decision bucks that trend by lending
PAGA
Is the California Supreme Court Going to Throw Employers a Bone on PAGA?
On November 8, 2023, the California Supreme Court heard oral argument in Estrada v. Royalty Carpet Mills, Inc., a case that could have profound implications for the future of Private Attorneys General Act (PAGA) litigation. The Court granted review in order to decide whether courts have the power to strike or limit PAGA claims that would prove to be unmanageable at trial.
A prior…
Nurse May Proceed With Class Certification On Wage Statement Claim
Woodworth v. Loma Linda Univ. Med. Ctr., 93 Cal. App. 5th 1038 (2023)
Nicole Woodworth was a registered nurse at Loma Linda University Medical Center from December 2011 to June 2014. In June 2014, she filed a putative class action against Loma Linda, alleging various wage and hour claims on behalf of herself and other employees. She later amended her complaint to add a…
COVID-19 Emergency Order Extending Statute Of Limitations For Civil Cases Upheld
LaCour v. Marshalls of Cal., LLC, 2023 WL 5543622 (Cal. Ct. App. 2023)
Plaintiff Robert LaCour, a former “loss prevention specialist” for Marshalls, appealed from a judgment in favor of his former employer and certain affiliated entities. Marshalls filed a demurrer arguing that because LaCour’s employment with Marshalls ended in May 2019, he had only a year and 65 days to bring a PAGA…
PAGA Plaintiffs May Maintain Representative Claims In Court After Individual Claims Are Compelled To Arbitration
Adolph v. Uber Techs., Inc., 14 Cal. 5th 1104 (2023)
After months of anticipation, the California Supreme Court answered “yes” to the critical question of whether “aggrieved” PAGA plaintiffs retain their standing to pursue representative claims in court after their individual claims have been compelled to arbitration.
Erik Adolph worked as a driver for Uber, delivering food to customers through Uber’s online platform. As…
SCOTUS Provides Further Support For Staying PAGA Court Actions Pending Arbitration
With Adolph v. Uber Technologies, Inc. in the books, it is now clear that Private Attorneys General Act (PAGA) plaintiffs do not lose standing to pursue representative claims in court when their individual PAGA claims are sent to arbitration. In Adolph’s wake, disputes may arise regarding whether the representative court action should be stayed pending the individual arbitration. Adolph strongly suggested a stay is…
Adolph Parts With Viking River, Opening Path for Arbitration-Bound Plaintiffs to Pursue PAGA Claims in Court
On July 17, 2023, approximately one year after the U.S. Supreme Court’s landmark decision in Viking River Cruises, the California Supreme Court issued its highly-anticipated decision in Adolph v. Uber Technologies. The Court answered the critical question of whether a Private Attorneys General Act (PAGA) plaintiff retains their standing to pursue non-individual claims after their individual claims are compelled to arbitration. As many…
July 2023 California Employment Law Notes
We invite you to review our newly-posted July 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements
- PAGA Debt Not Dischargeable in Bankruptcy
- Distributors Not Liable For Unpaid Wages Of Agricultural Workers
- Exemption of Financial Professionals From ABC
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Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements
Duran v. EmployBridge Holding Co., 92 Cal. App. 5th 59 (2023)
In 2014, the California Supreme Court determined that Private Attorneys General Act (“PAGA”) claims are immune from arbitration in Iskanian v. CLS Transp. Los Angeles, LLC – which, unsurprisingly, led to an avalanche of PAGA claims being filed as plaintiffs’ lawyers scrambled to make their cases arbitration-proof (at least as to those pesky
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PAGA Debt Not Dischargeable in Bankruptcy
In re Patacsil, 2023 WL 3964908 (Bankr. E.D. Cal. June 9, 2023)
The Private Attorneys General Act (PAGA) permits aggrieved employees to file representative action to recover civil penalties for Labor Code violations. The law allocates 75% of any recovery to the Labor and Workforce Development Agency (LWDA) for “enforcement of labor laws” and “education of employers and employees about their rights and responsibilities”…