On May 9, 2023, the California Supreme Court heard oral arguments in Adolph v. Uber to decide “[w]hether an aggrieved employee who has been compelled to arbitrate [their individual] claims under the [California Labor Code] Private Attorneys General Act (PAGA) . . . maintains statutory standing to pursue PAGA claims arising out of events involving
PAGA
California Court of Appeal Upholds Construction Industry CBA Exemption from PAGA
By Cary G. Palmer on
Posted in PAGA
The California Court of Appeal for the Second Appellate District upheld the construction industry collective bargaining agreement exemption to the Private Attorneys General Act (PAGA) in Oswald v. Murray Plumbing and Heating Corporation.
Labor Code Section 2699.6
Under Labor Code section 2699.6, construction employees who perform work under a valid collective bargaining agreement (CBA)…
U.S. Supreme Court Denies Petition for Rehearing in Viking River Cruises, Inc. v. Moriana
By Mia Farber & Scott P. Jang on
Posted in PAGA
On June 15, 2022, the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only.
In early July, Moriana, the named plaintiff-employee at the center of Viking…
Proposition to Repeal PAGA Approved for November 2024 Ballot
By Cary G. Palmer on
Posted in PAGA
At the end of 2021, the California Secretary of State approved a proposition to reform California’s Private Attorneys General Act (PAGA) by collecting signatures for the November 2022 ballot. The Secretary of State recently announced that the California Fair Pay and Employer Accountability Act has qualified for the 2024 ballot, with nearly 1 million signatures…
Exclusive Concurrent Jurisdiction Applies to Overlapping PAGA Actions
By Cary G. Palmer on
Posted in PAGA
In a recent decision, the California Court of Appeal held that the doctrine of exclusive concurrent jurisdiction applies to a Private Attorneys General Act (PAGA) representative action in Shaw v. The Superior Court of Contra Costa County. The decision is good news for employers facing overlapping PAGA complaints.
Underlying Facts
On July 21, 2022,…
U.S. Supreme Court Hears Oral Arguments on Waiver of PAGA Claims in Arbitration Agreements
By Mia Farber & Scott P. Jang on
Posted in PAGA
In December 2021, the U.S. Supreme Court agreed to hear arguments in Viking River Cruises v. Moriana (Viking). The question presented in Viking is whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including representative claims under California’s Private Attorneys General Act (PAGA)…
9th Circuit Rejects PAGA Objector’s Appeal
By Cary G. Palmer & Evan D. Beecher on
Posted in PAGA
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…
Ask A Litigator: What Do Employers Need to Know About PAGA?
By Mia Farber & Shannon Bettis Nakabayashi on
Posted in PAGA
The Private Attorneys General Act (PAGA) has been in the news lately with a proposed state Proposition seeking to reform it, and the Supreme Court taking up a case regarding PAGA and arbitrations. Though recent developments give hope to employers that some limitations will be placed on PAGA claims, the filing of PAGA…
Proposition to Reform PAGA Approved to Collect Signatures
By Cary G. Palmer on
Posted in PAGA
Under California’s Private Attorneys General Act (PAGA), an “aggrieved employee” may bring a representative action on behalf of him or herself and other “aggrieved employees” for civil penalties for various violations of the California Labor Code. (Labor Code §§2698, et seq.) PAGA cases have become increasingly more frequent for various reasons, including the fact…
Limited Exemption to PAGA for Some Janitorial Employees
By Lisa Barnett Sween & Hardev S. Chhokar on
Posted in PAGA
On September 27, 2021, Governor Newsom signed Senate Bill 646 (SB 646), which limits janitorial employees represented by a labor organization and covered by a collective bargaining agreement (CBA) in effect before July 1, 2028, from filing suit under the Private Attorneys General Act of 2004 (California Labor Code § 2689, et seq.)(PAGA).
Under…