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Court Makes it Easier to Sue Under PAGA

In Balderas v. Fresh Start Harvesting, Inc., 101 Cal. App. 5th 533 (2024), the plaintiff sued her former employer on behalf of other employees but not in her individual capacity (that is, she brought only a representative...more

California Supreme Court Holds That Trial Courts May Not Strike PAGA Claims on Manageability Grounds

In a blow for employers, the California Supreme Court held that trial courts may not strike PAGA claims on manageability grounds. The Backdrop on PAGA Manageability- PAGA trials are a collection of mini trials, as...more

Representative PAGA Claims Survive After Individual Arbitration— Employer-Friendly Viking River Ruling Nullified by California...

The United States Supreme Court in Viking River Cruises, Inc. v. Moriana divided PAGA claims into two buckets: (1) individual PAGA claims; and (2) representative PAGA claims (a claim somewhat akin to a class action). The U.S....more

PAGA: Loss on Individual Wage Claims in Arbitration May Preclude Representative PAGA Claims in Court (Even if Stayed)

Courts are split on whether to stay or dismiss representative PAGA claims after individual PAGA claims are compelled to arbitration. However, assuming the Court stays the representative PAGA claims or even allows the...more

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