Employee May Proceed With Lawsuit Despite Only Alleging “Representative” PAGA Claims
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
Multiple PAGA Representative Claims Crumble As Federal Courts Continue To Reject Iskanian and Enforce Arbitration Agreements Containing PAGA Waivers
When the California Supreme Court decided Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (2014), this June, some legal commentators assumed that employees could not waive pre-litigation claims under the Private Attorneys General Act (PAGA). Those assumptions may have been premature. As we noted here, at least one federal court refused to apply Iskanian forcing an employee’s individual PAGA claims