On July 17, 2023, the California Supreme Court issued its ruling in Adolph v. Uber Technologies, Inc. (2023) 14 Cal. 5th 1104. In that opinion, the Court departed from the United States Supreme Court’s guidance in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 and, contrary to the reasoning of Viking River, found that a plaintiff suing under the Private Attorneys General Act of 2004 (“PAGA”) retains standing to pursue his or her representative PAGA claims in court, even when his or her individual PAGA claims are compelled to arbitration. (See our prior discussion on this issue here.)(more…)
Private Attorneys General Act
Showdown in the California Supreme Court: California Appellate Courts Depart from SCOTUS Guidance on the Arbitrability of PAGA Claim
Last term, the United States Supreme Court issued its decision in Viking River Cruises, holding that the Federal Arbitration Act preempts California law prohibiting the arbitration of claims brought under the Private Attorneys General Act of 2004 (“PAGA”). In Viking River, the Supreme Court reasoned that while a plaintiff employee’s representative PAGA claims (that is, claims based on alleged Labor Code violations suffered by other employees) may not be compelled to arbitration, his or her individual PAGA claims (i.e., claims based on alleged Labor Code violations actually suffered by the plaintiff) may be so compelled. (more…)