In a recent decision, Peck v. Swift Transportation, the 9th Circuit dismissed an objector’s appeal of the district court’s approval of a Private Attorney General Act (PAGA) settlement.

The parties reached a proposed class and PAGA settlement. A truck driver who was not a party to the action, Lawrence Peak (Peak), objected to the PAGA settlement. The district court overruled Peak’s objection to the PAGA settlement.

On appeal, the 9th Circuit held Peak could not maintain the appeal because he was not a party to the underlying PAGA action. The 9th Circuit panel held Peak failed to demonstrate that he had a right to appeal the district court’s approval of the PAGA settlement; as one of the justices stated at oral argument, Peak was “late to the party”.

The panel rejected Peak’s arguments as to why he may appeal the PAGA settlement. While Peak was a class member in the class action, a PAGA action is distinct from a class action, and objectors to a PAGA settlement are not “parties” to a PAGA suit in the same sense that absent class members are “parties” to a class action. The fact that Peak may ultimately receive a portion of the PAGA settlement did not make him a party to the PAGA action. A PAGA action has “no individual component.” Finally, Peak’s filing of a separate PAGA action did not make him a party to this PAGA action.

This decision further separates PAGA actions from class actions, differentiating between class members in a class action, and allegedly aggrieved persons who may benefit from a PAGA action who are not deemed “parties.”

If you have questions about this decision or need assistance in defending a PAGA action, please contact the authors or another Jackson Lewis attorney.

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Photo of Cary G. Palmer Cary G. Palmer

Cary G. Palmer is a principal in the Sacramento, California, office of Jackson Lewis P.C. He represents management in employment, labor and benefits law and related litigation. Cary has extensive class action experience. He also mediates class actions.

Cary practices before the state…

Cary G. Palmer is a principal in the Sacramento, California, office of Jackson Lewis P.C. He represents management in employment, labor and benefits law and related litigation. Cary has extensive class action experience. He also mediates class actions.

Cary practices before the state and federal courts in California, the United States Department of Labor, the United States Equal Opportunity Commission, the California Civil Rights Department, the California Division of Labor Standards Enforcement, and the California Workers’ Compensation Appeals Board. He also defends management in statewide and nationwide class action and collective action litigation. Cary also defends management in litigation involving wrongful termination, reductions in force, discrimination, harassment, breach of contract, wage and hour, benefits, and other labor and employment-related actions. He also conducts employee and management training seminars, and provides proactive employment advice and counsel.

Photo of Evan D. Beecher Evan D. Beecher

Evan D. Beecher is a principal in the Sacramento, California, office of Jackson Lewis P.C. He represents management in all types of employment disputes including harassment, discrimination, retaliation and wrongful termination cases in both state and federal court as well as in arbitration…

Evan D. Beecher is a principal in the Sacramento, California, office of Jackson Lewis P.C. He represents management in all types of employment disputes including harassment, discrimination, retaliation and wrongful termination cases in both state and federal court as well as in arbitration and administrative hearings.

Evan also defends employers in wage and hour matters, including class and representative action lawsuits. In addition, Evan provides advice and counsel to clients on a variety of employment practices including employee compensation and overtime exemptions, separation agreements, medical leaves of absence, employee handbooks and labor relations.