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On August 1, 2024, in Turrieta v. Lyft et al., the California Supreme Court held that a plaintiff in a Private Attorneys General Act (“PAGA”) action does not have a right to intervene -- or to object to or vacate a judgment...more
Executive Summary: On July 1, 2024, the Governor of California signed two pieces of legislation that significantly amended the Private Attorney’s General Act (“PAGA”), a statute which allows an employee, on behalf of the...more
AB 2288 and SB 92 collectively amount to the most substantive changes ever to be seen to PAGA. The changes include numerous pro-employer provisions which seek to address longstanding concerns such as standing, penalties, and...more
Seyfarth Synopsis: PAGA reform has officially been introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history. The bills have...more
On February 12, 2024, in Johnson v. Lowe’s Home Centers, LLC, the Ninth Circuit Court of Appeals held that an employee’s non-arbitrable, representative PAGA claims are not subject to dismissal when the plaintiff is ordered to...more
The California Supreme Court issued a much-anticipated Private Attorneys General Act (PAGA) decision in Adolph v. Uber Technologies, Inc. in July, departing from the United States Supreme Court’s 2022 ruling in Viking River...more
The California Supreme Court has closed the door on the employer-friendly rule the U.S. Supreme Court set out in the case of Viking River Cruises Inc. v. Moriana. There, the Supreme Court held that employees could waive their...more
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
On July 17, 2023, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. With this decision California employers need to understand that plaintiffs do not lose standing when individual...more
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 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
In a highly anticipated ruling, the California Supreme Court has held that employees may still have standing to sue for Labor Code violations in a representative capacity, even when their individual claims have been compelled...more
California employees can now seek representative (non-individual) Private Attorneys General Act (PAGA) penalties in court even when their individual PAGA claims are compelled to arbitration, thanks to a highly anticipated...more
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
Recent developments in the California Court of Appeal could impact pending or future Private Attorneys General Act (PAGA) litigation. Though many employers anxiously await a decision in the pending California Supreme Court...more
Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more
On August 18, 2022, the California Court of Appeal (Fifth District) decided Porras v. Chipotle Servs., LLC, No. F081113, 2022 WL 3499646, rejecting a former employee’s attempt to vacate a $4.9 million Private Attorneys...more
Last year, the California Court of Appeal raised eyebrows by ruling that a plaintiff could pursue a Private Attorneys General Act (PAGA) claim for alleged violations of Labor Code Section 432.5, even though the statute of...more
On July 20, 2022, the California Supreme Court granted review in Adolph v. Uber Technologies, Inc., Cal. Ct. App. Case No. G059860, which indicates that it may intend to address the questions of state law addressed by the...more
On February 11, 2022, the 9th Circuit issued its decision in Saucillo v. Peck, — F.4th —, 2022 WL 414692 (9th Cir. 2022), holding among other things that a nonparty aggrieved employee does not have standing in federal court...more
Near the end of 2021, a flurry of decisions that significantly affect employers facing and settling Private Attorneys General Act (PAGA) lawsuits were published. The first two decisions, Uribe v. Crown Building Maintenance...more
Developments during the COVID-19 pandemic have left a dark cloud of uncertainty for employers in the Golden State, and have led to many new claims under the Private Attorneys General Act (PAGA). This webinar will cover how...more
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
Magadia v. Wal-Mart Associates, Inc., No. 19-16184, 2021 WL 2176584 (9th Cir., May 28, 2021) - Summary: An employee lacks Article III standing to bring a PAGA claim in federal court for Labor Code violations that the...more
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