(L-R)Julia Y. Trankiem and D. Andrew Quigley of Hunton Andrews Kurth. Courtesy photos Not Worth a Try: Courts Can Strike Unmanageable PAGA Claims Before Trial
The proliferation of unruly PAGA actions may soon end, thanks to a recent decision from the California Court of Appeals.
December 03, 2021 at 05:17 PM
6 minute read
Employment actions for penalties pursuant to the Private Attorneys General Act of 2004 (PAGA) have exploded in recent years. PAGA, which allows individual employees to step in the shoes of the California Labor Commissioner and recover civil penalties on behalf of themselves and other so-called "aggrieved employees," is popular among the plaintiffs' bar because (in addition to providing for attorneys' fees) the PAGA statute does not require certification. For years, this has allowed the plaintiffs' bar to use PAGA as a procedural vehicle to represent huge and disparate groups of employees without considering whether their claims could be proved using common proof.
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