News & Analysis as of

Split of Authority State Labor Laws Private Attorneys General Act (PAGA)

Ervin Cohen & Jessup LLP

Another Day, Another Dispute Between Appellate Courts Over Employment Arbitrations

The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more

K&L Gates LLP

California Supreme Court Allows Unmanageable PAGA Claims to Survive Challenge

K&L Gates LLP on

On 18 January 2024, the Supreme Court of California (Court) unanimously held that trial courts lack inherent authority to dismiss with prejudice claims brought under the Labor Code Private Attorneys General Act of 2004 (PAGA)...more

Clark Hill PLC

California Supreme Court Holds That Unmanageable PAGA Claims Cannot Be Dismissed

Clark Hill PLC on

Now That California Courts Have Been Stripped of Authority to Dismiss Unmanageable PAGA Claims, How Will Employers Manage PAGA Litigation? The California Supreme Court, on Jan. 18, issued its decision in Estrada v. Royalty...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

Payne & Fears on

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

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

California Court of Appeal Creates Rift Regarding Trial Courts’ Power to Strike or Limit PAGA Claims for Unmanageability

On March 23, 2022, the Court of Appeal of the State of California, Fourth Appellate District, issued the latest ruling on the hotly contested issue of whether a trial court is empowered to dismiss or limit representative...more

Akin Gump Strauss Hauer & Feld LLP

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

Holland & Knight LLP

California Supreme Court Confirms Unpaid Wages Not Recoverable as "Civil Penalties" Under PAGA

Holland & Knight LLP on

In ZB, N.A., and Zions Bancorporation v. Superior Court of San Diego County, No. S246711, __ Cal. 5th __, 2019 WL 4309684 (Cal. 2019) (ZB), the California Supreme Court held on Sept. 12, 2019, that California's Labor Code...more

ArentFox Schiff

CA Supreme Court: Employees Cannot Bring Claims for Unpaid Wages Under PAGA

ArentFox Schiff on

In resolving a growing split among California courts, the California Supreme Court in ZB, N.A. v. Superior Court faced the issue of whether actions for unpaid wages under Labor Code section 558 brought under the Private...more

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