News & Analysis as of

Motion to Compel Private Attorneys General Act (PAGA) Employment Litigation

Ervin Cohen & Jessup LLP

Previous Arbitration Agreements Are Potentially Unenforceable Against Re-Hired Employees

Despite its best efforts, the California Legislature has been unable to substantially curtail the popularity of employment arbitrations in California.  The hostility to employment arbitration remains evident, however, among...more

Kilpatrick

California Supreme Court holds plaintiffs required to arbitrate individual Private Attorneys General Act (“PAGA”) claims maintain...

Kilpatrick on

The California Supreme Court recently rejected the U.S. Supreme Court’s interpretation of standing under the Private Attorneys General Act (PAGA). In Adolph v. Uber Technologies, Inc., 532 P.3d 682 (Cal. 2023), the Court...more

Shook, Hardy & Bacon L.L.P.

California Rejects Viking River, Allows PAGA Claims to Proceed | National Employment Perspective: Focus on California PAGA

Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...more

Kilpatrick

California High Court Rules on Non-Individual PAGA Standing

Kilpatrick on

On July 17, 2023, the California Supreme Court issued its long-anticipated decision in Adolph v. Uber Technologies, Inc. and held that an employee who has been compelled to arbitrate “individual” claims under the California...more

Faegre Drinker Biddle & Reath LLP

California Supreme Court: PAGA Plaintiffs Can Pursue Representative State Court Claims Even if Their Individual PAGA Claims Are...

On July 17, 2023, the California Supreme Court unanimously held in Adolph v. Uber Technologies, Inc. that even if a plaintiff who brings a claim under California’s Private Attorneys General Act (PAGA) has their individual...more

CDF Labor Law LLP

Discretion: The Better Part of Valor in Defending Against PAGA Claims

CDF Labor Law LLP on

Since the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, employers have been implementing and enforcing arbitration agreements requiring employees to arbitrate their individual Private Attorneys’ General...more

Fisher Phillips

Employers Earn Critical Post-Viking River Arbitration Victory: Your 7-Step Action Plan to Beat Back PAGA Claims

Fisher Phillips on

Following the U.S. Supreme Court’s June decision in Viking River Cruises, Inc. v. Moriana, employers in California have awaited further guidance by federal courts regarding the scope and impact of this key decision that ruled...more

CDF Labor Law LLP

Unpublished California Opinion Did Not Authorize Arbitration Over Threshold Issue of Independent Contractor or Employee in a PAGA...

CDF Labor Law LLP on

A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action.  Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more

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

California Worker’s Claim for Individual Damages in LWDA Filing Held Not Dispositive in Motion to Compel Arbitration Inquiry

Although the Supreme Court of the United States has not yet taken up the issue, California courts routinely hold an employee cannot be compelled to submit to arbitration an action seeking penalties under the Private Attorneys...more

Littler

California Supreme Court Rules that the “Underpaid Wages” Component of Labor Code Section 558 is Not a Civil Penalty under PAGA

Littler on

In ZB, N.A. v. Superior Court of San Diego County (Lawson), the California Supreme Court held that unpaid wages are not civil penalties under California Labor Code section 558 and are therefore outside the reach of...more

Seyfarth Shaw LLP

PAGA Claims Limited to Recovery of Civil Penalties

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court has held that an individual may not seek unpaid wages under Labor Code section 558. Section 558 can be invoked only by the Labor Commissioner or by an individual suing under...more

Fisher Phillips

Employers Litigating PAGA Actions Take Hit From California Supreme Court

Fisher Phillips on

In a unanimous decision, the California Supreme Court ruled today that plaintiffs in lawsuits brought pursuant to the California Private Attorneys General Act (PAGA), can seek the contact information for their fellow...more

Carlton Fields

Ninth Circuit Holds PAGA Claimants May Be Compelled To Arbitrate

Carlton Fields on

Terminix appealed from a district court order denying its motion to compel arbitration of a former employee’s representative claim under California’s Private Attorneys General Act (PAGA) alleging that Terminix failed to...more

Carlton Fields

Ninth Circuit Reaffirms Iskanian Rule, Rejects Waiver Of Representative Action Under PAGA

Carlton Fields on

Defendants appealed an order from a California federal district court that denied their motion to compel individual arbitration of a former employee’s representative claim under California’s Private Attorney General Act...more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide