News & Analysis as of

State Labor Laws Article III Employment Litigation

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

Epstein Becker & Green

Second Circuit Provides Lifeline to Employers Facing WTPA Claims in Federal Court

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In Guthrie v. Rainbow Fencing Inc., 113 F.4th 300 (2d Cir. 2024), the Second Circuit weighed in on a brewing dispute among New York district courts as to whether (and how) a plaintiff’s allegations may establish Article III...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

Epstein Becker & Green

In Adolph, California Supreme Court Holds That Plaintiffs Compelled to Arbitrate Their Individual PAGA Claims Have Standing to...

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The California Supreme Court has issued its highly anticipated decision in Adolph v. Uber Technologies, Inc., concluding that plaintiffs who must arbitrate their “individual” PAGA claims are not deprived of standing to pursue...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Reverses $100+ Million Wage Statement Ruling Against Walmart

On May 28, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc., on both California’s wage statement laws and standing to pursue claims under the Private Attorneys...more

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