A "Headless" PAGA Claims Is Permitted Pre-2024, But Now The Law Has Changed. Headless Statue of Athena, Goddess of Wisdom. Creative Commons Attribution-Share Alike 2.0 Generic license. Carole Raddato, photographer. A “headless” PAGA case is one in which the plaintiff abandons […]
Every PAGA Claim Necessarily Includes An Individual PAGA Claim. We like it when judges neatly summarize a case and its ruling. It makes it much easier to do a quick post. Justice Frances Rothschild has made our job easier: Shipt, Inc. (Shipt) and its parent company Target Corporation (Target) (collectively, appellants) appeal from an […]
This Case Makes It Easier For Employers To Beat Back PAGA Lawsuits When Employee Loses Labor Code Claims In Arbitration — The Legal Tool Is Issue Preclusion. In Julian Rodriguez v. Lawrence Equipment, Inc., B325261 (2/3 pub. 11/8/24) (Bershon, Edmon, Egerton), the plaintiff, Julian Rodriguez, alleged wage-and-hour violations under California’s Labor Code and pursued […]
California Courts of Appeal Continue To Side With California Supreme Court Regarding Standing To Bring Representative PAGA Claims. Affirming the trial court's denial of an employer's motion to compel arbitration, the Court of Appeal holds that the employees' waiver of a right to bring representative PAGA claims is unenforceable. Nicole DeMarinis et al. v. […]
Agreement Was Not Ambiguous. The court explained in Duran v. Employbridge Holding Company, F084167 (5th Dist. filed 4/27/23 pub. 5/30/23) (Franson, Hill, Smith) that the provision "claims under PAGA . . . are not arbitrable under this Agreement" is not ambiguous. "It is not objectively reasonable to interpret the phrase 'claims under PAGA' to […]
File This Under "More Ways Than One To Skin A Cat." Woman wearing a blue robe with Buzzer the cat. Photographer: Arnold Genthe. Library of Congress. Alberto v. Cambrian Homecare, B14192 (2/4 filed 4/19/23, cert for pub. 5/10/23) (Daum, Collins, Currey), affirms the trial court's order finding an arbitration clause unconscionable. Here's the […]
We Examine Whether California Cases Are Following Justice Alito's or Justice Sotomayor's Opinion About Standing To Bring PAGA Representative Claims. The Daily Journal published a special issue on April 26, 2023, entitled "The Resolution Issue." My article entitled PAGA Arbitration: California Courts in the wake of Viking Cruises, is at p. 20 of the […]
Individual PAGA Claims Must Be Arbitrated. One more California Court of Appeal follows the US Supreme Court in Viking Cruises v. Moriana, holding that arbitration of individual PAGA claims can be arbitrated. But the court also concludes that the employee "has standing to litigate nonindividual PAGA claims in the superior court notwithstanding his agreement […]
Court Follows Opening Provided By Justice Sonia Sotomayor's Concurrence In Viking Cruises v. Moriana. Following the Supreme Court opinion in Viking Cruises v. Moriani, there could be no disagreement that employee Million Seifu's individual PAGA claim against Lyft for personal Labor Code violations he suffered could be arbitrated. But that left the hot […]
Texas Longhorn. Clinton & Charles Robertson from Del Rio, Texas & San Marcos. Wikipedia. Between Scylla and Charybdis. Wikipedia. Between Horns Of A Dilemma And Between Scylla […]