News & Analysis as of September 18, 2024

Supreme Court of the United States › Private Attorneys General Act (PAGA)

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

California Employment Law Notes - July 2024

Proskauer Rose LLP on 8/1/2024

Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

May 2024 California Employment Law Notes

Proskauer - California Employment Law on 5/23/2024

We invite you to review our newly-posted May 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

Viking River Who? Another Cautionary Tale About Arbitration Agreement Drafting

Proskauer - California Employment Law on 4/30/2024

A recent unpublished California Court of Appeal decision, Hegemier v. A Better Life Recovery LLC, Cal. Ct. App., 4th Dist., No. G061892, demonstrates the potential consequence of drafting an arbitration agreement without...more

Dismissal of Representative PAGA Claim Vacated Following Adolph v. Uber Techs.

Proskauer - California Employment Law on 4/4/2024

Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) - The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of...more

Employment Flash - March 2024

Skadden, Arps, Slate, Meagher & Flom LLP on 3/25/2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Ninth Circuit Affirms California Supreme Court’s Take on Viking River

Manatt, Phelps & Phillips, LLP on 3/1/2024

The Ninth U.S. Circuit Court of Appeals applied the California Supreme Court’s interpretation of the U.S. Supreme Court’s decision on the intersection of the Private Attorneys General Act (PAGA) claims and arbitration in...more

Courts Are Overwhelmingly Staying Non-Individual Claims When Compelling Individual PAGA Claims to Arbitration

Proskauer - California Employment Law on 1/9/2024

As we wrote previously, last summer’s blockbuster decision in Adolph v. Uber Technologies, Inc., 14 Cal. 5th 1104 (2023) contained a notable silver lining. In ruling that a Private Attorneys General Act (“PAGA”) plaintiff’s...more

Employment Flash - November 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 11/16/2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

California Supreme Court Breaks from Federal Precedent on PAGA

Jenner & Block on 9/11/2023

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

California Supreme Court Unanimously Decides to Not Follow Viking River

ArentFox Schiff on 7/28/2023

In a much-anticipated decision, the California Supreme Court in Adolph v. Uber Technologies unanimously held that a plaintiff, compelled to arbitrate individual claims under the Private Attorneys General Act (PAGA), does not...more

SCOTUS Provides Further Support For Staying PAGA Court Actions Pending Arbitration

Proskauer - California Employment Law on 7/27/2023

With Adolph v. Uber Technologies, Inc. in the books, it is now clear that Private Attorneys General Act (PAGA) plaintiffs do not lose standing to pursue representative claims in court when their individual PAGA claims are...more

Adolph v. Uber Technologies, Inc.: Plaintiffs Compelled to Arbitrate Their Individual PAGA Claims May Still Litigate...

Pillsbury Winthrop Shaw Pittman LLP on 7/27/2023

To have Private Attorneys General Act (PAGA) standing, a plaintiff must be an “aggrieved employee,” which is an individual who worked for an alleged violator and personally sustained at least one Labor Code violation. ...more

California’s Highest Court Revisits Statutory PAGA Standing: What the Ruling Means for California Employers

Mintz - Employment Viewpoints on 7/26/2023

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

California Supreme Court Clarifies PAGA Standing When “Individual PAGA Claims” Have Been Compelled to Arbitration

Sheppard Mullin Richter & Hampton LLP on 7/25/2023

On July 17, 2023, the California Supreme Court decided an important state law issue raised by the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022). Viking River Cruises...more

California Supreme Court Weighs in on U.S. Supreme Court’s Landmark Decision in Viking Cruise Lines Regarding PAGA Lawsuits

Buchalter on 7/24/2023

The Adolph v. Uber Ruling Thwarts The U.S. Supreme Court’s Landmark Viking Decision - In a widely anticipated but unsurprising ruling, the California Supreme Court on July 17, 2023 issued its decision in Adolph v. Uber...more

Adolph Parts With Viking River, Opening Path for Arbitration-Bound Plaintiffs to Pursue PAGA Claims in Court

Proskauer - California Employment Law on 7/21/2023

On July 17, 2023, approximately one year after the U.S. Supreme Court’s landmark decision in Viking River Cruises, the California Supreme Court issued its highly-anticipated decision in Adolph v. Uber Technologies. The Court...more

Viking River Cruises revisited

Ballard Spahr LLP on 7/21/2023

We previously blogged about Viking River Cruises, Inc. v. Moriana, in which the U.S. Supreme Court held that individual employee claims under California’s Labor Code Private Attorneys General Act (PAGA) are subject to...more

PAGA Standing and Arbitration: What California Employers Need to Know Now That the California Supreme Court Has Spoken

Meyers Nave on 7/21/2023

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

California Supreme Court Limits Utility of Arbitration Agreements for PAGA Claims

Perkins Coie on 7/21/2023

California’s Private Attorneys General Act (PAGA) authorizes current and former employees to bring a representative action for civil penalties on behalf of the state against an employer for Labor Code violations committed...more

California Supreme Court Averts SCOTUS Viking River Decision, Allowing Litigation of PAGA Claims Despite Arbitration Agreement

Stokes Wagner on 7/21/2023

Last year, the U.S. Supreme Court issued an employer-friendly decision in Viking River Cruises v. Moriana. There, it held that the Federal Arbitration Act (FAA) preempts the California Private Attorneys General Act (PAGA)...more

California Supreme Court’s Adolph v. Uber Technologies, Inc. Decision Reopens the Door for Representative PAGA Claims in Court

Snell & Wilmer on 7/20/2023

California employers’ short-lived victory in the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana last June was substantially undone on Monday by the California Supreme Court’s decision in Adolph v. Uber...more

California Supreme Court Rules Employees Can Pursue PAGA Claims on Behalf of Other Aggrieved Employees in Court Despite...

Wilson Sonsini Goodrich & Rosati on 7/20/2023

On July 17, 2023, the California Supreme Court ruled that where an employee has brought a California Private Attorneys General Act (PAGA) action that is comprised of both individual and non-individual claims, a court order...more

PAGA Plaintiffs Can Still Pursue Representative Claims Despite Individual Arbitration

Seyfarth Shaw LLP on 7/19/2023

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

California Takes the Match With Adolph Ruling

Seyfarth Shaw LLP on 7/19/2023

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

Stayin’ Alive: California Supreme Court Holds that PAGA Representative Claims Can Remain in State Court During Arbitration of...

CDF Labor Law LLP on 7/19/2023

As anticipated, earlier this week, the California Supreme Court broke from the U.S. Supreme Court’s Viking River Cruises v. Moriana decision, and further tipped the scales in favor of PAGA plaintiffs in California by holding...more

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Supreme Court of the United States › Private Attorneys General Act (PAGA)

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