Trial Courts in California Cannot Strike PAGA Claims on Manageability Grounds

Last Thursday, January 18, California’s Supreme Court held in Estrada v. Royalty Carpet Mills, Inc. that trial courts lack inherent authority to strike a Private Attorneys General Act claim on manageability grounds. The ruling resolved a prior split of authority on whether PAGA claims may be stricken where there is no manageable way to try them.

California, Employment, PAGA, Supreme Court

Resources

August 4, 2022

Curing PAGA Violations in Response to Notice of Claim

Whenever an employee brings a Notice of Claim under the Private Attorneys General Act (“PAGA”), the employer has the opportunity, in some circumstances, to cure the alleged violations and avoid the imposition of costly penalties. However, this process is not simple. The employer must meet all the general requirements to cure the PAGA violations.

Cure Violation, Notice of Claim, PAGA

News

June 29, 2022

Cruising Up a River: The Aftermath of the Supreme Court’s Decision in Viking River

California employment law is often in tension with federal law. And that occasionally leads to consequences. Recently, in a highly anticipated case named Viking River Cruises v. Moriana, the U.S. Supreme Court ruled that California’s ban on mandatory arbitration of so-called individual PAGA claims is invalid (i.e., “preempted”) under federal law.

Arbitration, CA Employers, California, PAGA, Supreme Court, Viking River

News

April 6, 2022

PAGA: The Cousin to Class Action Lawsuits

California often makes the news headlines. That is no less so with respect to legal affairs. Just recently, the United States Supreme Court heard a matter that should be of utmost interest to employers in the Golden State. The case, known as Viking River Cruises, Inc. v. Moriana (“Viking River”), concerns a law that has beguiled and harassed California employers since its inception in 2004—a law known as the Private Attorneys General Act of 2004 (“PAGA”).

Business, Employers, Lawsuit, PAGA, Private Attorney General Act, Supreme Court

Tag: PAGA

Trial Courts in California Cannot Strike PAGA Claims on Manageability Grounds

Curing PAGA Violations in Response to Notice of Claim

Cruising Up a River: The Aftermath of the Supreme Court’s Decision in Viking River

PAGA: The Cousin to Class Action Lawsuits

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