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Standing › Article III › Labor Code

Seyfarth Shaw LLP

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

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The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more

Seyfarth Shaw LLP

PAGA Paraphrased – Balderas v. Fresh Start Harvesting, Inc.

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The Second District, following Adolph and not Viking River, confirms that a PAGA plaintiff does not lose standing to pursue a PAGA claim if they “did not file an individual cause of action seeking individual relief.”...more

Seyfarth Shaw LLP

PAGA Plaintiffs Can Still Pursue Representative Claims Despite Individual Arbitration

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Seyfarth Synopsis: The California Supreme Court has held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court. Adolph v. Uber Technologies,...more

Seyfarth Shaw LLP

California Takes the Match With Adolph Ruling

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Seyfarth Synopsis: The California Supreme Court held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court in Adolph v. Uber Technologies,...more

Carlton Fields

2 Ways Calif. Justices' PAGA Ruling May Play Out

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Under California's Private Attorneys General Act, does an aggrieved employee — who has been compelled to arbitrate their individual claims under PAGA and the California Labor Code — maintain statutory standing to pursue PAGA...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Robocalls and Retaliation

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This week, the Court addresses the constitutionality of a nearly $1 billion statutory damages award under the Telephone Consumer Protection Act (TCPA) and revives a California state law whistleblower claim. The Court...more

Stokes Wagner

California Labor Code Section 226: Clarifications on Compliance with Wage Statement Overtime Listings

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Anyone who has considered filing a petition for writ of mandate from a superior court ruling knows the odds are not in favor of the court granted this extraordinary relief. Apart from clear error, the requirement of showing...more

Payne & Fears

Ninth Circuit Restricts Scope of PAGA Claims in Federal Court and Clarifies California Wage Statement Requirements

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On May 28, 2021, the Ninth Circuit Court of Appeals handed Walmart a groundbreaking win in a wage-and-hour class and California Labor Code Private Attorneys General Act (“PAGA") action.  Reversing a nearly $102 million...more

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