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Wage and Hour › Viking River Cruises Inc v Moriana › Standing

Ervin Cohen & Jessup LLP

California Appellate Courts Split on “Headless” PAGA Standing: CRST Expedited Permits Broad Claims, While Leeper Awaits Review

Ervin Cohen & Jessup LLP on

A recent decision from California’s Fifth District Court of Appeal has deepened the divide among state courts on a critical issue under the Private Attorneys General Act (PAGA): whether a plaintiff may pursue representative...more

Weintraub Tobin

Ninth Circuit Holds that Non-Individual PAGA Claims Cannot be Compelled to Arbitration Even When the Agreement Only Waives Class...

Weintraub Tobin on

On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macys West Stores, Inc. In that case, Diaz brought California Private Attorneys General Act (“PAGA”) claims against her former employer. The district court...more

Husch Blackwell LLP

California Supreme Court Keeps Representative PAGA Claims Afloat in State Court

Husch Blackwell LLP on

In June 2022, the United States Supreme Court held in Viking River Cruises v. Moriana—contrary to California precedent—that the Federal Arbitration Act (FAA) allows PAGA claims to be split into individual and non-individual...more

Jackson Lewis P.C.

California Supreme Court Holds Employee Retains Standing for Non-Individual PAGA Claims in Court

Jackson Lewis P.C. on

The California Supreme Court held that when a court compels an employee to arbitrate their “individual” Labor Code Private Attorneys General Act (PAGA) claims, the employee retains statutory standing to pursue...more

Paul Hastings LLP

California Supreme Court In Adolph v. Uber Has “Last Word” On PAGA Standing

Paul Hastings LLP on

The California Supreme Court’s long-awaited “last word” (for now) on statutory standing post-Viking River Cruises v. Moriana is here: a plaintiff compelled to arbitrate individual claims brought under the Private Attorneys...more

Weintraub Tobin

CA Supreme Court Holds Compelling Arbitration of Individual PAGA Claim Does Not Strip Standing to Litigate Representative Claims

Weintraub Tobin on

Yesterday, the California Supreme Court, in Adolph v. Uber Technologies, Inc., addressed the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S.Ct. 1906 (2022). The much-anticipated Adolph...more

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