Labor/Employment
Aug. 18, 2022
PAGA review sought on separation of powers grounds
Nixon Peabody partner Richard J. Frey, who represents the California Business and Industrial Alliance, argues that the law violates the separation of powers doctrine of the California Constitution “by usurping the executive branch’s core constitutional law enforcement powers.”
A business organization that opposes the state’s Private Attorneys General Act has filed a petition for review with the California Supreme Court challenging its constitutionality.
The 4th District Court of Appeal upheld PAGA in June, citing a state Supreme Court ruling from eight years ago. Iskanian v. CLS Transportation Los Angeles LLC (2014) 59 Cal. 4th 348.
But Nixon Peabody LLP partner Richard J. Frey, who re...
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