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Perspective

Nov. 6, 2009

Lawsuits Against Employers, a Whole New Playing Field

Mark Kemple of Jones Day addresses Arias v. Superior Court (Angelo Diary) and how employers can cover their bases.

EMPLOYMENT

By Mark Kemple

On June 29, 2009, the California Supreme Court ruled that a single plaintiff may seek civil penalties pursuant to the Labor Code Private Attorneys General Act of 2004 (PAGA) on behalf of other current and former employees without need to certify a class, and without notice to those persons. Arias v. Superior Court (Angelo Dairy), 46 Cal. 4th 969. The Court based its decision on provisions within PAGA that read "notwiths...

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