By now, it’s a familiar maxim: when an employee brings an action under the Private Attorneys General Act (PAGA), “the state is the real party in interest.” Iskanian v. CLS
Continue Reading Whose Case Is It Anyway? Trial Court Orders State of California to Pay Court Costs in PAGA ActionPAGA
Implications of California Senate Bill 365 for Employers in Light of Estrada
The California Supreme Court and the Legislature ushered in 2024 with two significant changes that may appear unrelated but that may impact California employers. We consider each in turn.
1.
… Continue Reading Implications of California Senate Bill 365 for Employers in Light of EstradaCalifornia Paid Sick Leave Claims May Be Enforced Under PAGA
On Feb. 24, 2023, in Wood v. Kaiser Found. Hosps., the California Court of Appeal for the Fourth District held that claims for paid sick leave in California may…
Continue Reading California Paid Sick Leave Claims May Be Enforced Under PAGACalifornia Supreme Court to Have ‘Last Word’ on Viking River
The California Supreme Court will soon hear oral argument on the much-anticipated Adolph (Erik) v. Uber Technologies, Inc., (Uber), accepting Justice Sotomayor’s invitation in Viking River Cruises…
Continue Reading California Supreme Court to Have ‘Last Word’ on Viking RiverHow Unions Could Stem Possible Wave Of Calif. PAGA Claims
The U.S. Supreme Court’s 2022 ruling in Viking River Cruises v. Moriana gave California employers a brief reprieve from the onslaught of nonarbitrable Private Attorneys General Act claims.
Before then…
Continue Reading How Unions Could Stem Possible Wave Of Calif. PAGA ClaimsSuperior Courts Officially Have the Discretion to Stay Later-Filed PAGA Actions
In Shaw v. Superior Court, 78 Cal. App. 5th 245 (2022), the California Court of Appeal held that trial courts have discretion to apply the doctrine of exclusive…
Continue Reading Superior Courts Officially Have the Discretion to Stay Later-Filed PAGA Actions
In Viking River Cruises, US Supreme Court Sides With Employers: Individual PAGA Claims Are Arbitrable – For Now
In a victory for California employers, the U.S. Supreme Court held in Viking River Cruises, Inc. v. Moriana that the Federal Arbitration Act (FAA) requires enforcement of arbitration agreements that…
Continue Reading In Viking River Cruises, US Supreme Court Sides With Employers: Individual PAGA Claims Are Arbitrable – For Now
California Court of Appeals are Split on Whether Employers Can Dismiss a PAGA Claim Based on Manageability
In Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022), the California Court of Appeal, in relevant part, reversed a trial court’s order decertifying a subclass…
Continue Reading California Court of Appeals are Split on Whether Employers Can Dismiss a PAGA Claim Based on Manageability
At Long Last: The End of the PAGA Era?
There might be a light flickering at the end of a dark tunnel California employers have been walking through for more than 15 years. In December 2021, California’s Secretary of…
Continue Reading At Long Last: The End of the PAGA Era?
Supreme Court to Consider Whether the FAA Mandates Arbitration of PAGA Actions
On Dec. 15, 2021, the United States Supreme Court granted certiorari in Viking River Cruises, Inc. v. Moriana, and likely will decide by summer 2022 whether the Federal Arbitration…
Continue Reading Supreme Court to Consider Whether the FAA Mandates Arbitration of PAGA Actions