The United States Supreme Court Ruling in Viking River Cruises, Inc. v. Moriana impacts California PAGA litigation
The United States Supreme Court Ruling in Viking River Cruises, Inc. v. Moriana impacts California PAGA litigation Introduction to PAGA The Labor Code Private Attorneys General Act (“PAGA”) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. PAGA afforded employees in California the right to file …
Estrada v Royalty Carpet Mills Creates Split of Authority in California Court of Appeal over PAGA Manageability Requirement
Estrada v Royalty Carpet Mills Creates Split of Authority in California Court of Appeal over PAGA Manageability Requirement Motions to strike PAGA claims have been many defense law firms’ favorite “flavor of the year” lately. From holding up a settlement or causing delays in a PAGA trial or worse, forcing your expert witness to testify multiple times to run up …
California Supreme Court Requires Break Premiums be Paid at the Regular Rate
California Requires Break Premiums be Paid at an Employee’s Regular Rate
California Supreme Court Says Employee’s Individual Settlements of Labor Code Claims Cannot Block PAGA Actions
After California Supreme Court justice Justice Goodwin H. Liu criticized restaurant chain Reins International California Inc.’s position that a worker who settled his individual labor violation claims could not pursue a Private Attorneys General Act (“PAGA”) action on behalf of other workers back in January 2020 during oral argument, the Court predictably held today that workers who have settled their …
Court Grants Class Certification for Group of Employees seeking Mileage Reimbursement
In a lawsuit brought by Brian Rogers and Amy Casey on behalf of themselves and similarly situated employees known as Brian Rogers , Amy Casey v. THD At Home Services dba Home Depot, et al, Case No. 5:14-cv-02069-JGB-SP, pending before the Honorable Jesus G. Bernal in the United States District Court for the Central District of California (the “Action”) Richard E. Quintilone II Esq. of Quintilone & …
Nguyen v. Applied Medical – Arbitrator Decides Whether Class Claims Proceed
The Fourth Appellate District, Division Three, recently held in Nguyen v. Applied Medical, that the question of whether an arbitration clause in an employment agreement contemplates class claims is a question for the arbitrator to decide, not the Superior Court. The Class Action Complaint On September 30, 2014, Da Loc Nguyen filed a putative class action complaint against Applied Medical …
California PAGA Amendments Passed July 1, 2016
With the stated purpose of reducing “unnecessary litigation” and lowering the cost for employers doing business in California, on June 27, 2016 Governor Brown signed SB 836, an amendment to California’s Private Attorneys General Act (“PAGA”) as well as a host of other laws. The PAGA grants employees the authority to sue for Labor Code violations on behalf of themselves and other employees …
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