Labor/Employment
May 2, 2013
Plaintiffs look to PAGA as class certification gets tougher
This generally results in fewer people being included in the representative action (though it might not mean less exposure given that PAGA penalties are quite high). By Laura Reathaford
California's Private Attorney General Act (PAGA) of 2004 is a unique statute which gives employees the right to represent other employees and pursue fines on behalf of the labor commissioner if the employee believes his or her employer has violated the California Labor Code.
In Arias v. Superior Court, 46 Cal. 4th 969 (2009), the state Supreme Court found that representative suits under PAGA need not be certified as class...
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