By: Bailey K. Bifoss, Andrew M. Paley, and Michael Afar
Seyfarth Synopsis: The California Supreme Court held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court in Adolph v. Uber Technologies, Inc., meaning that their claims may live on way past the first volley.
Wimbledon may be
Continue Reading California Takes the Match with Adolph RulingBy: Phillip J. Ebsworth and Justin T. Curley
Seyfarth Synopsis: The Fourth District joined the Second District in issuing another published decision holding that plaintiffs do not lose representative standing once their individual PAGA claims are compelled to arbitration.
The Court did not provide any guidance on whether the representative claims should be stayed, stating only that, “We leave
Continue Reading PAGA Paraphrased – Nickson v. Shemran, Inc., 90 Cal.App.5th 121 (2023)By: Phillip J. Ebsworth and Justin T. Curley
Seyfarth Synopsis: Another panel from the Second Appellate District issued an opinion, following Galarsa, Piplack, and Gregg, holding that a PAGA plaintiff compelled to individual arbitration retains standing to bring a representative PAGA claim in state court.
The Court did not consider whether the representative claims remaining
Continue Reading PAGA Paraphrased – Seifu v. Lyft, Inc., 89 Cal.App.5th 1129 (2023)By: Phillip J. Ebsworth and Michael Afar
Seyfarth Synopsis: The Second Appellate District entered the fray and, like the Fourth and Fifth Districts in Galarsa and Piplack, held that an individual PAGA representative still maintains standing to pursue non-individual representative PAGA claims in court, even if the individual claims are compelled to arbitration.
In concluding that plaintiffs compelled to
Continue Reading PAGA Paraphrased – Gregg v. Uber Technologies, Inc., 89 Cal.App.5th 786 (2023)By: Phillip J. Ebsworth and Justin T. Curley
Seyfarth Synopsis: The Fourth Appellate District provides further support that plaintiffs do not lose representative standing once their individual PAGA claims are compelled to arbitration. In doing so, it rejected the argument that the language of PAGA requires a plaintiff to be able to maintain both individual and representative PAGA claims in
Continue Reading PAGA Paraphrased – Piplack v. In-N-Out Burgers, 88 Cal.App.5th 1281 (2023)By: Phillip J. Ebsworth and Justin T. Curley
Seyfarth’s Wage Hour Litigation practice group is excited to share this inaugural post in our new series, PAGA Paraphrased. The everchanging world of PAGA is full of verbose opinions, unwieldy statutory language, and a unique and sometimes perplexing vocabulary that even an exasperated United States Supreme Court expressed confusion over. Whether you
Continue Reading PAGA Paraphrased – Galarsa v. Dolgen California, LLC, 88 Cal.App.5th 639 (2023)