PAGA | Sansanowicz Law Group

The Nature of PAGA Actions What is a PAGA claim? How do you bring one? Why would you bring one? What other factors must be taken into consideration?

A PAGA PRIMER: THE CASES AND ISSUES YOU NEED TO KNOW The seminal case in this area is the California Supreme Court’s decision in lskanian v CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348. As the Court explained after examining the legislative history of the...

PAGA Notice is Sufficient, PAGA Claim Contains Multiple Causes of Action

PAGA, Wage and Hour

Rojas-Cifuentes v. Super. Ct., 2020 WL 7488653 (Dec. 21, 2020) Plaintiff brought a PAGA claim along with class action allegations and an individual claim, and the trial court dismissed the PAGA claim on summary adjudication (with leave to amend the civil complaint)...

Whether an Employee is an “Aggrieved Employee” for PAGA Purposes is Not Arbitrable.

PAGA, Wage and Hour

Provost v. YourMechanic, Inc., 55 CalApp5th 982 (Oct. 15, 2020) Defendant sought to compel Plaintiff to arbitrate the issue of whether he was an “aggrieved employee” before he could proceed with his complaint for civil penalties under the Labor Code Private Attorneys...

Arbitrator’s Failure to Void Non-Compete, Non-Solicitation Provisions Violated Employee’s Statutory Rights Under B&P § 16600.

Arbitration, Employee Classification, Non-compete, PAGA, Wage and Hour

Brown v. TGS Mgmt. Co., LLC, 57 CalApp5th 303 (Oct. 13, 2020) Plaintiff appealed the trial court’s confirmation of an arbitration award in Defendant’s favor. Relying on Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1 and on Business & Professions Code section...

PAGA Waiver is Unenforceable as Against Public Policy and Unseverable From Arbitration Agreement in Employee Handbook

Class Action, PAGA, Wage and Hour

Juarez v. Wash Depot Holdings, Inc., 24 Cal. App. 5th 1197 (2018) The Second District Court of Appeal found this discrepancy to be material, such that it rendered the entire arbitration agreement unenforceable. The appellate court further held the trial court did not...

Sakkab v. Luxottica Retail N.Am., Inc

FAA, PAGA, Supreme Court

Ninth Circuit Affirms Iskanian, PAGA Claims are Non-Arbitrable. Sakkab v. Luxottica Retail N.Am., Inc., No. 13-55184 (9th Cir. Sept. 28, 2015) In a complete departure and reversal of numerous district court opinions, the Ninth Circuit Court of Appeals affirmed the...