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Court of Appeal Holds That Exhaustion of Administrative Remedies Is Procedural, Not Jurisdictional

On September 12, 2022, the California Court of Appeal, 4th District, issued its decision in Acevedo v. CashCall, Inc., 2022 WL 4129106 (Cal. Ct. App. Sept. 12, 2022), affirming the lower court’s decision dismissing a Private...more

Court of Appeal Case Explains Why Failure to Exhaust Administrative Remedies May Prevent Substitution of PAGA Plaintiffs

On June 9, 2022, the California Court of Appeal, 4th District, issued its decision in Hargrove v. Legacy Healthcare, Inc., No. E076240, 2022 WL 2071982 (Cal. Ct. App. June 9, 2022), which affirmed a trial court decision...more

After Viking River Cruises, the Legislature May Attempt to Preserve the Private Attorney General Model

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more

Court of Appeal’s Decision to Permit Unmanageable PAGA Claims Arguably Rests on a Faulty Premise

Last month, a split emerged in the California Court of Appeal regarding whether trial courts have authority to strike or limit unmanageable claims under the Private Attorneys General Act (PAGA). In Estrada v. Royalty Carpet...more

Split of Authority Develops in California Court of Appeal Over PAGA Manageability Requirement

On March 23, 2022, in Estrada v. Royalty Carpet Mills, Inc., the California Court of Appeal, held that “a court cannot strike a PAGA claim based on manageability.” This decision creates a split of authority with Wesson v....more

Ninth Circuit Holds That Nonparty Aggrieved Employee Has No Standing to Challenge PAGA Settlement

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

How an Insufficient LWDA Notice Led to a Dismissal with Prejudice for One PAGA Plaintiff

On January 14, 2022, in Lehauli v. All Nippon Airways Co., Case No. 21STCV02847, Judge Holly J. Fujie of the Los Angeles Superior Court granted the defendant’s motion for judgment on the pleadings, finding that the plaintiff...more

LWDA Weighs In on Split of Authority Regarding Standing to Intervene to Challenge PAGA Settlement

In recent months, a split of authority has emerged in the California Court of Appeal regarding whether a nonparty aggrieved employee has standing to intervene in a Private Attorneys General Act (PAGA) action to challenge a...more

Court of Appeals Clarifies What Types of Allegations May Be Cured Under Section 2699.3

On October 7, 2021, the California Court of Appeal (4th District) issued its decision in Quinonez v. Payless 4 Plumbing, Inc., Case No. E074467, clarifying what allegations in a notice letter to the Labor and Workforce...more

Court of Appeal Holds That Exhaustion Requires Identification of Each Separate Theory of Liability (Update)

On September 30, 2021, the California Court of Appeal (4th District) decided Uribe v. Crown Building Maintenance Co., Case No. G057836. At issue in Uribe was a Private Attorneys General Act (PAGA) settlement that purported to...more

PAGA Repeal May Be On the Ballot in 2022

Earlier this month, a coalition including the California Chamber of Commerce, California New Car Dealers Association and Western Growers filed a proposed initiative measure entitled The Fair Pay and Employer Accountability...more

PAGA Settlement May Release Claims from Outside of the Limitations Period

On September 28, 2021, the California Court of Appeal (4th District) issued a counterintuitive decision in Amaro v. Anaheim Arena Mgmt., LLC, Case No. G058371, holding that a PAGA settlement may release claims from outside of...more

Court of Appeal Holds That Exhaustion Requires Identification of Each Separate Theory of Liability

On September 30, 2021, the California Court of Appeal (4th District) decided Uribe v. Crown Building Maintenance Co., Case No. G057836. At issue in Uribe was a Private Attorneys General Act (PAGA) settlement that purported to...more

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