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A Momentous Year for PAGA

The past year saw appellate courts weigh in on a number of critical questions regarding the Private Attorneys General Act (PAGA), headlined by the U.S. Supreme Court’s ruling in Viking River Cruises, Inc. v. Moriana, 142 S....more

California Supreme Court May Address Questions Left from Viking River Cruises in 2023

On July 20, 2022, the California Supreme Court granted review in Adolph v. Uber Technologies, Inc., Cal. Ct. App. Case No. G059860, which indicates that it may intend to address the questions of state law addressed by the...more

US Supreme Court Overrules Key Holding of Iskanian Regarding Arbitrability of PAGA Claims

On June 15, 2022, the U.S. Supreme Court issued its much-anticipated decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573. At issue was a rule announced by the California Supreme Court in Iskanian v. CLS...more

After Viking River Cruises, the Legislature May Attempt to Preserve the Private Attorney General Model

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more

After Viking River Cruises, Plaintiffs Will Continue to Resist Arbitration in Pending Cases

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more

The PAGA Report Explores the Future of Private Attorney General Litigation in 'After Viking River Cruises'

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more

Split of Authority Develops in California Court of Appeal Over PAGA Manageability Requirement

On March 23, 2022, in Estrada v. Royalty Carpet Mills, Inc., the California Court of Appeal, held that “a court cannot strike a PAGA claim based on manageability.” This decision creates a split of authority with Wesson v....more

Post-Epic Systems Challenges to Iskanian Are Going Nowhere

In the landmark case of Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), the California Supreme Court held that an arbitration agreement purporting to waive the right to bring a representative action...more

Court of Appeal Holds That Exhaustion Requires Identification of Each Separate Theory of Liability (Update)

On September 30, 2021, the California Court of Appeal (4th District) decided Uribe v. Crown Building Maintenance Co., Case No. G057836. At issue in Uribe was a Private Attorneys General Act (PAGA) settlement that purported to...more

Nonparties to PAGA Action Have No Grounds to Intervene or Challenge Judgment

On September 30, 2021, the California Court of Appeal (Second District) issued its decision in Turrieta v. Lyft, Inc., Case No. B304701, which limits the ability of nonparty “aggrieved employees” to challenge a Private...more

PAGA Settlement May Release Claims from Outside of the Limitations Period

On September 28, 2021, the California Court of Appeal (4th District) issued a counterintuitive decision in Amaro v. Anaheim Arena Mgmt., LLC, Case No. G058371, holding that a PAGA settlement may release claims from outside of...more

Court of Appeal Holds That Exhaustion Requires Identification of Each Separate Theory of Liability

On September 30, 2021, the California Court of Appeal (4th District) decided Uribe v. Crown Building Maintenance Co., Case No. G057836. At issue in Uribe was a Private Attorneys General Act (PAGA) settlement that purported to...more

SB 646 Exempts Some Unionized Janitorial Employees from PAGA

On September 27, 2021, Gov. Newsom signed into law SB 646, which exempts janitorial employees from PAGA if they are covered by a collective bargaining agreement meeting certain minimum criteria. The bill, which codifies a new...more

Not So Fast: Trial Courts Finding PAGA’s Statute of Limitations Is Still Alive and Well After Johnson v. Maxim Healthcare

Earlier this year, the California Court of Appeal ruled that a plaintiff was permitted to pursue a PAGA claim for alleged violations of Labor Code Section 432.5, even though the statute of limitations on her individual claim...more

California Court of Appeal Approves Limiting or Striking Unmanageable PAGA Claims

In Wesson v. Staples The Office Superstore, LLC, the California Court of Appeal held that “courts have inherent authority to ensure that PAGA claims can be fairly and efficiently tried and, if necessary, may strike claims...more

California Supreme Court Holds That Unpaid Wages Are Not Recoverable Under PAGA

• On September 12, 2019, in ZB, N.A. v. Superior Court (Lawson), Case No. S246711, the California Supreme Court held the Private Attorneys General Act (PAGA) does not allow recovery of unpaid wages under Labor Code Section...more

9th Circuit Rejects Representative Action Waivers for PAGA Claims

If you read one thing... - With 9th Circuit ruling, California federal courts no longer a potential channel for employers to enforce representative action waivers for PAGA claims...more

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