Seyfarth Synopsis: The Fifth District Court of Appeal reaffirmed its earlier holding in CRST Expedited, Inc. v. Superior Court that plaintiffs can bring “headless” PAGA actions—claims seeking civil penalties solely for Labor Code violations suffered by other employees.
In Galarsa v. Dolgen California, LLC, the Fifth District revisited the permissive language in the pre-reform version of PAGA. Specifically
Continue Reading PAGA Paraphrased – Galarsa v. Dolgen California, LLC
Seyfarth Synopsis: PAGA claims brought under pre-reform PAGA must be brought within one year of a Labor Code violation experienced by the plaintiff and because a PAGA claim necessarily has both an individual and a non-individual component, failure to do so warrants dismissal.
The Second District affirmed the Superior Court’s dismissal of a PAGA claim where the PAGA notice and
Continue Reading PAGA Paraphrased – Williams v. Alacrity Solutions Group, Inc.
Seyfarth Synopsis: The Fourth District held that a motion to compel arbitration is not the correct vehicle to challenge a plaintiff’s failure to plead the individual component of a PAGA claim affirming the Superior Court’s denial of a motion to compel arbitration as there was no individual component alleged to compel to arbitration.
The Fourth District reviewed a Superior Court
Continue Reading PAGA Paraphrased – Parra Rodriguez v. Packers Sanitation, Inc.
Seyfarth Synopsis: The Second District again held that issue preclusion barred plaintiff’s PAGA claim because he failed to establish any violation of the Labor Code and arbitral findings have a preclusive effect on a plaintiff’s standing in a stayed PAGA claim.
The Second District again grappled with the issue of whether an arbitrator’s previous adjudication of Labor Code violations
Continue Reading PAGA Paraphrased — Rodriguez v. Lawrence Equip., Inc.