News & Analysis as of

Private Attorneys General Act (PAGA) Appellate Courts

Proskauer - California Employment Law

Trial Court May Not Dismiss PAGA Claims On Manageability Grounds

Estrada v. Royalty Carpet Mills, Inc., 15 Cal. 5th 582 (2024) - The California Supreme Court affirmed an appellate court judgment that “trial courts lack inherent authority to strike PAGA claims on manageability...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

Proskauer - California Employment Law

What Appellate Courts Are Missing About PAGA Standing After Viking River Cruises

The California Supreme Court has scheduled oral argument for May 9, 2023 in Adolph v. Uber Technologies, Inc., a closely watched case that concerns whether a Private Attorneys General Act (PAGA) plaintiff loses standing to...more

Fox Rothschild LLP

Representative PAGA Claims Survive Arbitration Agreements—California Rejects U.S. Supreme Court’s Viking River Holding

Fox Rothschild LLP on

The California Court of Appeal dealt another blow to California employers—employees who’s individual PAGA claims are compelled to arbitration now maintain standing to bring their representative PAGA claims in court....more

Constangy, Brooks, Smith & Prophete, LLP

Appeals court shuts down CA’s efforts to ban mandatory arbitration for employees

The California legislature has expressed a steady animus toward arbitration agreements, particularly in the employment context. On multiple occasions, the legislature has passed laws restricting the use of arbitration...more

Akin Gump Strauss Hauer & Feld LLP

A Momentous Year for PAGA

The past year saw appellate courts weigh in on a number of critical questions regarding the Private Attorneys General Act (PAGA), headlined by the U.S. Supreme Court’s ruling in Viking River Cruises, Inc. v. Moriana, 142 S....more

Jackson Lewis P.C.

California Court of Appeal Upholds Construction Industry CBA Exemption from PAGA

Jackson Lewis P.C. on

The California Court of Appeal for the Second Appellate District upheld the construction industry collective bargaining agreement exemption to the Private Attorneys General Act (PAGA) in Oswald v. Murray Plumbing and Heating...more

Jackson Lewis P.C.

Exclusive Concurrent Jurisdiction Applies to Overlapping PAGA Actions

Jackson Lewis P.C. on

In a recent decision, the California Court of Appeal held that the doctrine of exclusive concurrent jurisdiction applies to a Private Attorneys General Act (PAGA) representative action in Shaw v. The Superior Court of Contra...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Provides Guidance, and Creates a Split, on Critical PAGA Issues

On November 30, 2021, the Court of Appeal, First Appellate District, issued an important opinion in Moniz v. Adecco USA, Inc., __ Cal. App. 5th __ (2021), which will impact employers facing PAGA lawsuits. Moniz clarified...more

Payne & Fears

California Courts Have Inherent Authority to Strike Unmanageable PAGA Claims

Payne & Fears on

A California Court of Appeal has held – for the first time – that “trial courts have inherent authority to ensure that PAGA [Private Attorneys General Act] claims will be manageable at trial, and to strike such claims if they...more

Jackson Lewis P.C.

California Court Of Appeal Holds Courts Have Authority To Ensure That PAGA Claims Are Manageable

Jackson Lewis P.C. on

While California’s Private Attorneys General Act (PAGA) is often compared to class actions, many of the rules and regulations governing class actions are not present. And applying considerations like manageability to PAGA...more

Jackson Lewis P.C.

Private Attorneys General Act Round-Up For 2020

Jackson Lewis P.C. on

2020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims. The California courts focused on two...more

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