The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more
5/30/2025
/ Appeals ,
Article III ,
California ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Litigation Strategies ,
Private Attorneys General Act (PAGA) ,
Standing ,
State Labor Laws ,
Statute of Limitations ,
Statutory Interpretation
The First District held that a prevailing defendant in a PAGA action may not recover litigation costs from the California Labor Workforce Development Agency when the LWDA did not participate in the litigation....more
5/21/2025
/ Appeals ,
California ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Hobby Lobby ,
Labor & Workforce Development Agency (LWDA) ,
Litigation Fees & Costs ,
Litigation Strategies ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
PAGA claims brought under pre-reform PAGA must be brought within one year of a Labor Code violation experienced by the plaintiff and because a PAGA claim necessarily has both an individual and a non-individual component,...more
4/24/2025
/ Appeals ,
Arbitration ,
California ,
Employee Rights ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Motion to Dismiss ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Statute of Limitations
The Fourth District held that a motion to compel arbitration is not the correct vehicle to challenge a plaintiff’s failure to plead the individual component of a PAGA claim affirming the Superior Court’s denial of a motion to...more
The Second District again held that issue preclusion barred plaintiff’s PAGA claim because he failed to establish any violation of the Labor Code and arbitral findings have a preclusive effect on a plaintiff’s standing in a...more
Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers....more
8/20/2024
/ Appeals ,
Appellate Courts ,
CA Supreme Court ,
California ,
Civil Monetary Penalty ,
Employees ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Public Entities ,
Statutory Interpretation
PAGA reform was officially 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, and Governor Newsom signed them into law...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
6/25/2024
/ Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Standing ,
State Labor Laws ,
Statute of Limitations ,
Wage and Hour
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
6/24/2024
/ California ,
Civil Monetary Penalty ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Standing ,
Statute of Limitations ,
Wage and Hour
The Second District, following Adolph and not Viking River, confirms that a PAGA plaintiff does not lose standing to pursue a PAGA claim if they “did not file an individual cause of action seeking individual relief.”...more
Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA...more
Seyfarth Synopsis: The Second Appellate District entered the fray and, like the Fourth and Fifth Districts in Galarsa and Piplack, held that an individual PAGA representative still maintains standing to pursue non-individual...more
Seyfarth Synopsis: The Fourth Appellate District provides further support that plaintiffs do not lose representative standing once their individual PAGA claims are compelled to arbitration. In doing so, it rejected the...more
Seyfarth’s Wage Hour Litigation practice group is excited to share this inaugural post in our new series, PAGA Paraphrased. The everchanging world of PAGA is full of verbose opinions, unwieldy statutory language, and a unique...more
Seyfarth Synopsis: On January 18, 2019, in Porath v. Logitech, Case No. 18-CV-3091 (N.D. Cal. Jan. 18, 2019), Judge William Alsup of the U.S. District Court for the Northern District of California rejected, for the second...more