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Private Attorneys General Act

Harris Beach PLLC

Courts Clarify California Private Attorneys General Act in Relation to Federal Arbitration Act

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The Supreme Court of the United States has been active of late in issuing decisions interpreting the Federal Arbitration Act — the principal federal statute governing judicial enforcement of arbitration agreements. In 2022,...more

Payne & Fears

California Supreme Court Issues Hotly Anticipated Decision on PAGA Claims and Arbitration

Payne & Fears on

In a long-awaited decision issued on July 17, 2023, the California Supreme Court held in Adolph v. Uber Technologies Inc. that a plaintiff who has been compelled to arbitrate his individual claims for civil penalties pursuant...more

Payne & Fears

Key California Employment Law Case Summaries: April 2023

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A plaintiff maintains standing to pursue a non-individual PAGA claim in state court when his individual PAGA claim is sent to arbitration pursuant to an arbitration agreement...more

Jackson Lewis P.C.

PAGA Standing At Issue In California Supreme Court Oral Argument

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On May 9, 2023, the California Supreme Court heard oral arguments in Adolph v. Uber to decide “[w]hether an aggrieved employee who has been compelled to arbitrate [their individual] claims under the [California Labor Code]...more

Fox Rothschild LLP

PAGA: Loss on Individual Wage Claims in Arbitration May Preclude Representative PAGA Claims in Court (Even if Stayed)

Fox Rothschild LLP on

Courts are split on whether to stay or dismiss representative PAGA claims after individual PAGA claims are compelled to arbitration. However, assuming the Court stays the representative PAGA claims or even allows the...more

Payne & Fears

Helping Employers Traverse the PAGA Jungle: Key Takeaways

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Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent...more

Payne & Fears

Key California Employment Law Case Studies: February 2023

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Helix Energy Solutions Group Inc. v. Hewitt, 143 Superior Court 677 (2023) - Summary - Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy...more

Payne & Fears

PAGA Standing Questions Already Being Answered (by the Court of Appeal)

Payne & Fears on

Recent developments in the California Court of Appeal could impact pending or future Private Attorneys General Act (PAGA) litigation. Though many employers anxiously await a decision in the pending California Supreme Court...more

Payne & Fears

CA Court of Appeal Holds that Plaintiff Whose Individual PAGA Claims Were Ordered to Arbitration May Still Pursue Non-Individual...

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Disagreeing with the United States Supreme Court’s conclusion in Viking River Cruises, Inc. v. Moriana, the California Court of Appeal held in Galarsa v. Dolgen California LLC that a plaintiff who has been ordered to...more

McManis Faulkner

California Employers Will Continue to Confront a Changing Legal Landscape in 2023 and Beyond

McManis Faulkner on

The COVID-19 pandemic spurred a vast number of changes to California’s employment laws.  Employers hoping for a reprieve from the rapid pace of change in employment laws will be disappointed that 2023 has been marked as...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 Private Attorneys General Act – A Look Back at 2022

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Thousands of cases are filed under California’s Private Attorneys General Act (PAGA) each year and many of them made the headlines in 2022. PAGA authorizes employees to file lawsuits to collect penalties for California Labor...more

Akin Gump Strauss Hauer & Feld LLP

California Court Rules That A PAGA Claim Does Not Survive The Plaintiff’s Death

While there are many similarities between class claims and representative claims under the Private Attorneys General Act (PAGA), the different nature of the two types of claims produces divergent results in some contexts. A...more

Akin Gump Strauss Hauer & Feld LLP

Court of Appeal Blazes 'Middle Ground' Approach to PAGA Intervention

On August 18, 2022, the California Court of Appeal (Fifth District) decided Porras v. Chipotle Servs., LLC, No. F081113, 2022 WL 3499646, rejecting a former employee’s attempt to vacate a $4.9 million Private Attorneys...more

Akin Gump Strauss Hauer & Feld LLP

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

Akin Gump Strauss Hauer & Feld LLP

CBA Exception Applies to Agreements Retroactively Waiving PAGA Claims

The Private Attorneys General Act (PAGA) contains two industry-specific provisions (Cal. Lab. Code §§ 2699.6 & 2699.8) allowing labor organizations in the construction and janitorial industries to waive the right to bring...more

Akin Gump Strauss Hauer & Feld LLP

California Trial Courts Continue To Interpret Johnson v. Maxim Healthcare Narrowly When Applying PAGA’s One-Year Statute of...

Last year, the California Court of Appeal raised eyebrows by ruling that a plaintiff could pursue a Private Attorneys General Act (PAGA) claim for alleged violations of Labor Code Section 432.5, even though the statute of...more

Payne & Fears

Key California Employment Law Cases: July 2022

Payne & Fears on

Meda v. AutoZone Inc., No. B311398, 2022 WL 2813819 (Cal. Ct. App. July 19, 2022) - Summary: Where an employer has not expressly advised its employees that they may use a seat during their work and does not place seats at...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court May Address Questions Left from Viking River Cruises in 2023

On July 20, 2022, the California Supreme Court granted review in Adolph v. Uber Technologies, Inc., Cal. Ct. App. Case No. G059860, which indicates that it may intend to address the questions of state law addressed by the...more

Weiner Brodsky Kider PC

Supreme Court Holds FAA Preempts California Precedent Precluding Division of PAGA Claims

The U.S. Supreme Court recently held that the Federal Arbitration Act (FAA) preempts the California Labor Private Attorney General Act (PAGA) “insofar as it precludes division of PAGA actions into individual and...more

Payne & Fears

Key California Employment Law Cases: June 2022

Payne & Fears on

Viking River Cruises Inc. v. Moriana, 142 S.Ct. 1906 (2022) - Summary: The FAA “preempts the rule of Iskanian insofar as it precludes division of Private Attorneys General Act ("PAGA") actions into individual and...more

Payne & Fears

It's Time to Update Employee Arbitration Agreements

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To ensure compliance with current California and Federal law and to benefit from recent court decisions, it is time for employers to review and update their employee arbitration agreements. Individual PAGA Claims Are...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Intervention and Arbitration

This week, the Court address whether an employee can intervene in her co-worker’s employment suit, and orders discovery to determine whether a litigant was bound by her counsel’s agreement to arbitrate. CALLAHAN v....more

Greenberg Glusker LLP

Employers Feel the Heat from Summer Legal Updates — Minimum Wage Increases, Arbitration Enforcement, and New COVID Safety...

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Local Minimum Wage Increases Go Into Effect on July 1, 2022 - On July 1, 2022, a number of local governments throughout California will raise their minimum wage. In the City of Los Angeles, the new rate is $16.04/hour...more

Allen Matkins

U.S. Supreme Court Enforces Employer’s Bilateral Arbitration Agreement, Approving Dismissal of PAGA Representative Claims

Allen Matkins on

California employers that have adopted arbitration agreements received a big win from the U.S. Supreme Court on June 15, 2022. In Viking River Cruises, Inc. v. Moriana, the Court validated an employer’s arbitration agreement...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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