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.By: Phillip J. Ebsworth and Brian B. Gillis
Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers.
The California Supreme Court overturned the Court of Appeal and prior appellate court decisions to conclude that the PAGA statute, legislative history, and public policy support the conclusion public entity employers are not subject to
Continue Reading PAGA Paraphrased – Stone v. Alameda Health SystemBy: Phillip J. Ebsworth and Andrew Paley
Seyfarth Synopsis: AB 2288 and SB 92 collectively amount to the most substantive changes ever to be seen to PAGA. The changes include numerous pro-employer provisions which seek to address longstanding concerns such as standing, penalties, and manageability.
On June 21, 2024, AB 2288 and SB 92 were introduced proposing significant reforms to
Continue Reading PAGA Paraphrased – AB 2288 and SB 92
Seyfarth Synopsis: The Second District, following Adolph and not Viking River, confirms that a PAGA plaintiff does not lose standing to pursue a PAGA claim if they “did not file an individual cause of action seeking individual relief.”
In Balderas, the employee alleged that she was “not suing in her individual capacity” but “solely under
By: Phillip J. Ebsworth, Andrew Paley, and Michael Afar
Seyfarth Synopsis: The California Supreme Court addressed the split in appellate authority and held that trial courts do not have the inherent authority to strike a PAGA claim on manageability grounds.
In Estrada, the trial court had dismissed the plaintiff’s PAGA claim following a bench trial, on the
Continue Reading PAGA Paraphrased – Estrada v. Royalty Carpet Mills, Inc.By: Phillip J. Ebsworth and Michael Afar
Seyfarth Synopsis: The first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a class/representative/PAGA action waiver in arbitration agreements.
In DeMarinis, the First District affirmed the trial court’s denial of
Continue Reading PAGA Paraphrased – DeMarinis v. Heritage Bank of CommerceBy: 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)