Weintraub attorneys Shauna Correia and Lukas Clary as they discuss the new PAGA reform, offering insights on how it impacts California employers and steps they can take to stay compliant in the latest episode of “California Employment News.”Continue Reading California Employment News: Navigating the New PAGA Reforms: What Employers Need to Know
Ninth Circuit Holds that Non-Individual PAGA Claims Cannot be Compelled to Arbitration Even When the Agreement Only Waives Class or Collective Actions
On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macys West Stores, Inc. In that case, Diaz brought California Private Attorneys General Act (“PAGA”) claims against her former employer. The district court compelled both Plaintiff’s individual and non-individual PAGA claims to arbitration, reasoning that the arbitration agreement’s broad language must be interpreted to encompass both types of claims. Macy’s appealed.Continue Reading Ninth Circuit Holds that Non-Individual PAGA Claims Cannot be Compelled to Arbitration Even When the Agreement Only Waives Class or Collective Actions
California Supreme Court Determines PAGA Cases May Not be Dismissed Due to Issues of Manageability
Long-time blog readers and CEN watchers will recall that for the last several years, we have been watching several cases discussing whether Private Attorneys General Act (“PAGA”) claims may be stricken as unmanageable. First, in the Fall of 2021, an appellate court determined that trial courts have inherent authority to strike or limit PAGA claims that could not otherwise be made manageable in order to “preserve judicial resources [and to] prevent trials from becoming excessively complex and time-consuming.” (See Wesson v. Staples the Office Superstore, LLC (2021) 68 Cal.App.5th 746). Just a few months later, a different appellate court disagreed, concluding that while a court may limit the presentation of evidence to ensure a manageable trial, courts had no authority to strike or limit PAGA claims due to unmanageability. (See Estrada v. Royalty Carpet Mills, Inc. (2022) 76 Cal. App. 5th 685.)Continue Reading California Supreme Court Determines PAGA Cases May Not be Dismissed Due to Issues of Manageability
CA Supreme Court Holds Compelling Arbitration of Individual PAGA Claim Does Not Strip Standing to Litigate Representative Claims
Yesterday, the California Supreme Court, in Adolph v. Uber Technologies, Inc., addressed the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S.Ct. 1906 (2022). The much-anticipated Adolph decision, addresses the question of whether an “aggrieved employee,” who has been compelled to arbitrate individual PAGA claims (i.e. Labor Code violations allegedly suffered by the plaintiff in an individual capacity), loses standing to pursue non-individual PAGA claims (i.e. Labor Code violations allegedly suffered by other employees) in court. Continue Reading CA Supreme Court Holds Compelling Arbitration of Individual PAGA Claim Does Not Strip Standing to Litigate Representative Claims
California Employment News: The Basics of Wage Statement Compliance (Part 1)
Join Shauna Correia and Rachel Davey from Weintraub’s Labor & Employment group as they review the basics of wage statement compliance in California in part one of this three-part series from California Employment News.
Continue Reading California Employment News: The Basics of Wage Statement Compliance (Part 1)