News & Analysis as of

Class Certification Private Attorneys General Act (PAGA)

McGuireWoods LLP

California’s Amended PAGA Statute Eases Burdens on Employers

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The California Legislature passed legislation on June 27, 2024, representing a significant overhaul of the Labor Code Private Attorneys General Act of 2004 (PAGA). PAGA permits a current or former employee to pursue an action...more

Conn Maciel Carey LLP

California Supreme Court Resolves Split Among Courts of Appeal, Finding Trial Courts Do Not Have the “Inherent Authority” to...

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On January 18, 2024, the California Supreme Court made a significant ruling in the case of Estrada v. Royalty Carpet Mills, Inc., finding that the trial court lacked the inherent authority to dismiss a California’s Private...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

McDermott Will & Emery

US Supreme Court to Review Whether PAGA Claim Can Be Arbitrated

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California’s Private Attorneys General Act (PAGA) has so far evaded arbitration agreements. Now, the Supreme Court of the United States will take up Viking River Cruises, Inc. v. Moriana to determine whether the Federal...more

Dorsey & Whitney LLP

The Supreme Court - December 15, 2021

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Viking River Cruises v. Angie Moriana, No. 20-1573: This case, involving the Federal Arbitration Act (“FAA”) and the California Private Attorneys General Act (“PAGA”), presents the following question: Whether the FAA requires...more

Akin Gump Strauss Hauer & Feld LLP

Feltzs Offers First Glimpse at How Federal Courts May Apply Wesson

Earlier this year, in Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021), the California Court of Appeals held that courts are empowered to limit or strike representative claims under the Private...more

Manatt, Phelps & Phillips, LLP

Driver’s Misclassification Suit Gets New Life From Ninth Circuit

The retroactive application of Dynamex may permit a Grubhub driver’s suit alleging he was misclassified as an independent contractor, according to a new decision from the U.S. Court of Appeals for the Ninth Circuit....more

Buchalter

Court Of Appeal Provides A New Weapon For Employers Regarding PAGA Claims—Manageability

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The California Court of Appeal issued a landmark decision on September 9, 2021, upholding a trial court’s striking (dismissing) of a PAGA lawsuit because Plaintiff could not establish that trial of the matter would be...more

Akin Gump Strauss Hauer & Feld LLP

California Court of Appeal Approves Limiting or Striking Unmanageable PAGA Claims

In Wesson v. Staples The Office Superstore, LLC, the California Court of Appeal held that “courts have inherent authority to ensure that PAGA claims can be fairly and efficiently tried and, if necessary, may strike claims...more

Sheppard Mullin Richter & Hampton LLP

Manageability – a New Weapon to Stave Off Unmanageable PAGA Claims

On September 9, 2021, California’s Court of Appeal issued an important decision in Wesson v. Staples The Office Superstore, LLC (“Wesson”), holding that trial courts have discretion to strike claims brought under the Private...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment

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Garner v. Inter-State Oil Co., 52 Cal.App.5th 619, Cal. App. 3 Dist., June 26, 2020, as modified (Jul 23, 2020) - Plaintiff filed a class action alleging that his employer, Inter-State Oil Co., violated a variety of wage...more

Payne & Fears

Key California Employment Law Cases: August 2020

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Robinson v. Southern Counties Oil Co, 53 Cal. App. 5th 476 (2020) - Summary: Res judicata bars a PAGA claim when the employer has already settled a separate PAGA claim covering the same claims and time period. An...more

Fisher Phillips

“We’ve Received A PAGA Notice – Now What?” An Employer’s 10-Step Guide

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If you’ve received a PAGA notice, you can count yourself as one of several thousands of California employers who receive one every year. In fact, 2018 saw a record number of PAGA claims—over 5,700, a 15 percent jump from...more

Payne & Fears

No "End Run" Around Brinker Under Section 17200

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The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,...more

Payne & Fears

Key California Employment Law Cases: December 2018

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This month’s key employment law cases address meal periods and payment of wages....more

Jackson Lewis P.C.

Settling Plaintiff May Still Have Standing And Adequacy To Pursue Class Action And PAGA Claims

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A California federal judge recently certified a class of at least 843 Cinemark workers who allege Cinemark, a movie theater chain, failed to properly list overtime rates on employee wage statements, notwithstanding the fact...more

Carlton Fields

Must A Plaintiff Representing Unnamed Parties Under California’s Private Attorney General Act Comply With Rule 23’s Requirements?

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Must a plaintiff who brings an action under California’s Private Attorney General Act (PAGA) comply with Rule 23’s requirements? Although the Ninth Circuit has not addressed the issue, one California federal district court...more

Hogan Lovells

Settling Individual California Labor Disputes May Eliminate PAGA Claims

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On December 29, California’s Second Appellate District held that employees who settle and dismiss their individual wage claims may not assert claims under the state’s Private Attorneys General Act (“PAGA”) on behalf of other...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

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

California Supreme Court Gives PAGA Plaintiffs Broad Right to Contact Information; Recognizes Employee Burden to Show...

On July 13, 2017, the Supreme Court of California issued a unanimous opinion in Williams v. The Superior Court of Los Angeles County (Marshalls of CA, LLC), holding that a representative plaintiff in a Private Attorneys...more

McGuireWoods LLP

Calif. High Court OKs Discovery of Employee Contact Info Based on Filing of PAGA Suit

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On July 13, 2017, the California Supreme Court handed down a decision in a long-running dispute in wage and hour litigation regarding whether employers must disclose employees’ names and contact information. In its first...more

Payne & Fears

Key California Employment Law Cases: May 2017

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May's key California employment law cases involve “on call” meal and rest periods, and employees working seven days a week. ...more

Jackson Lewis P.C.

[Webinar] Class Actions and Complex Litigation Webinar Series - The California Class Action - March 14th, 2:00p.m. EST

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The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this...more

Alston & Bird

Class Action Roundup: Fall 2016

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In this edition of Class Action Roundup, we feature decisions from the third quarter of 2016, covering everything from pizza delivery and Uber drivers to payday lenders, canned tuna manufacturers, and even...more

Seyfarth Shaw LLP

Ostensible Agency, Hold the Class Certification: Would You Like Franchise With That?

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It’s a common business model in the fast-food industry: a massive restaurant company provides the menu, the marketing—including catchy slogans and a universally recognized logo—and the basic operational standards for the...more

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