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Private Attorneys General Act (PAGA) › Arbitration › Penalties

CDF Labor Law LLP

CA’s Fifth Appellate District Wades Into “Headless” PAGA Debate

CDF Labor Law LLP on

While we are waiting for the CA Supreme Court in Leeper v. Shipt to address whether “headless” PAGA claims (i.e., where PAGA representative plaintiffs disavow the “individual” portion of a PAGA claim) are a permissible end...more

Seyfarth Shaw LLP

PAGA Paraphrased – CRST Expedited, Inc. v. Super. Ct.

Seyfarth Shaw LLP on

The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations they personally experienced are...more

ArentFox Schiff

Rodriguez v. Lawrence Equipment, Inc.: Employee Lacks Standing to Pursue Representative PAGA Claim After Loss in Arbitration

ArentFox Schiff on

In Rodriguez v. Lawrence Equipment, Inc., Case No. B325261 (Nov. 8, 2024), the California Court of Appeal held that an employee who loses their Labor Code claims in an individual arbitration no longer has standing to pursue a...more

Proskauer - California Employment Law

The Fate of PAGA Representative Action Waivers in Arbitration Agreements will be Decided by August

Proskauer - California Employment Law on

As we reported (here), on June 15, 2022, a near unanimous U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) preempted the California Supreme Court’s controversial decision in Iskanian v. CLS Transportation Los...more

Seyfarth Shaw LLP

When Is a Civil Penalty Not a Civil Penalty?

Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs cannot circumvent arbitration agreements by characterizing claims for statutory damages as claims for civil penalties. The purported PAGA exemption from arbitration agreements applies only to...more

Carlton Fields

The War Between PAGA and Arbitration in California Continues - This Time Employers Win

Carlton Fields on

Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more

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