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
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?
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
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
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…
California Court of Appeal Holds Courts Have Authority to Ensure that PAGA Claims Are Manageable
While California’s Private Attorneys General Act (PAGA) is often compared to class actions, many of the rules and regulations governing class actions are not present. And applying considerations like manageability to PAGA claims has caused California trial courts much consternation.
However, recently the California Court of Appeal for the Second Appellate District has provided some…
$102 Million Pay Stub, Meal Break Judgment Against Walmart Reversed
In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage statement and meal-break provisions. The decision is Magadia v. Wal-Mart Associates, Inc., May 28, 2021, No. 19-16184.
The…
Private Attorneys General Act Round-Up for 2020
2020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims.
The California courts focused on two issues involving PAGA this year:
- Can a Plaintiff proceed with their PAGA claim (standing)?
- Can a Defendant compel arbitration when there is a PAGA
…
California Supreme Court Holds Settlement of Individual Claims Does Not Strip an Employee of Standing Under the Private Attorneys General Act
The California Supreme Court has weighed in on who is an aggrieved employee under the Private Attorneys General Act (PAGA) in Kim v. Reins International California, Inc. The issue before the court was, does an employee bringing an action under PAGA lose standing to pursue representative claims as an “aggrieved employee” by settling and…
Legislature Considers More Time to Cure Wage Statement Violations
Employers all over the State of California have been waiting earnestly for over two years for the California Supreme Court to issue its opinion in Kim v. Reins International California. A ruling that will decide whether a settling employee remains an aggrieved employee for purposes of the Private Attorneys General Act (PAGA). The wait…