In a major defeat for employers, on January 18, the California Supreme Court resolved a split of authority among California jurisdictions and decided that trial courts do not have inherent authority to dismiss or narrow employee lawsuits filed under California’s Private Attorneys General Act (i.e., “PAGA”) on manageability grounds. A lower court of appeal had […]
The California Supreme Court issued its long-awaited PAGA decision yesterday in Adolph v. Uber Technologies, Inc., as the follow-up to the U.S. Supreme Court’s 2022 decision in Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. __, 142 S.Ct. 1906. In Viking River Cruises, the U.S. Supreme Court held that employees are required to arbitrate […]
In a repudiation of the California Supreme Court’s holding in Iskanian v. CLS Transp. Los Angeles (2014) 59 Cal.4th 348, the United States Supreme Court ruled in Viking River Cruises, Inc. v. Moriana (2022) __ U.S. __ that individual claims brought under California’s Private Attorney General Act (“PAGA”, Cal. Lab. C. § 2699, et seq.) […]
On March 23, 2022, in Estrada v. Royalty Carpet Mills, Inc., the California Court of Appeal for the Fourth District held that a trial court “cannot dismiss a PAGA claim based on manageability” in case that undermines employers’ defensive strategy to dismiss Private Attorneys General Act (PAGA) lawsuits alleging meal and rest breaks. This decision […]
Issue In Wesson v. Staples the Office Superstore, LLC, (Cal. Ct. App., Sept. 9, 2021, No. B302988) 2021 WL 4099059, Division Four of the Second Appellate District of the California Court of Appeal tackled an issue of first impression: “whether trial courts have inherent authority to ensure that PAGA claims will be manageable at trial, […]
On April 8, 2020, California’s Second District Court of Appeal held that an employee who brings a lawsuit for civil penalties only under the Private Attorneys General Act of 2004 (PAGA), but does not request individual damages to recover his or her own wages, cannot be compelled to arbitrate the PAGA claim, even if the employee […]
One of the biggest risks faced by employers in California is the threat of a financially ruinous lawsuit under the California Private Attorneys General Act of 2004 (“PAGA”), codified as Labor Code section 2698, et seq. The PAGA permits an “aggrieved” employee to sue as a proxy or agent of the state’s labor law enforcement […]
On September 12, 2019, the California Supreme Court issued its decision in ZB, N.A. v. Superior Court of San Diego County which further clarified the boundaries of California’s Private Attorney General Act of 2004 (PAGA). (Lab. Code, § 2698 et seq.) In the decision, the Supreme Court held that private citizens cannot use PAGA actions […]
In Lopez v. Friant & Associates, LLC, the Court of Appeal of the First District recently addressed a relatively narrow issue, but one that is relevant to all employers – wage statement violations. This decision is a blow to employers as it allows employees to establish liability for wage statement violations under PAGA without showing injury […]
On July 24, 2023, the California Court of Appeal issued a partially published opinion negatively impacting employers who have a neutral time clock rounding policy. Employers should be prepared to take appropriate action to avoid class action liability. The End of Rounding Time in California is Imminent The plaintiff in the case was a registered […]