Jun 15
Jun 15 Viking River Cruises is out: SCOTUS holds that the Federal Arbitration Act requires enforcement of arbitration of PAGA claims in an "individual" capacity

Kelly A. Knight

Arbitration, Civil procedure, PAGA, Wage-hour

Viking River Cruises, Inc. v. Moriaga, S.C. no. 20–1573 (June 15, 2022)

Mar 14
Mar 14 California Supreme Court holds that employees may bring and maintain PAGA claims even when they settle their individual claims or have no individual claims at all.

Kelly A. Knight

998, Appellate, Civil procedure, PAGA, Wage-hour

Kim v. Reins International California, Inc., Cal. Supreme Ct. no. S246911

Nov 14
Nov 14 PAGA plaintiffs may sue on behalf of all other employees who have suffered violations of the Labor Code even if the PAGA plaintiff did not suffer those violations

Kelly A. Knight

PAGA, Wage-hour

Huff v. Securitas Security Services USA, Inc., 23 Cal. App. 5th 745 (May 23, 2018), review denied (Aug. 8, 2018): a broad interpretation of the scope available to PAGA representatives in Labor Code-enforcement actions.

Jun 25
Jun 25 Raines v. Coastal Pacific Food Distributors, Inc.: PAGA enforcement of wage-statement violations does not require proof of actual injury

Kelly A. Knight

PAGA, Wage-hour

Raines v. Coastal Pacific Food Distributors, Inc., Cal. Ct. App. 3d Dist. (May 22, 2018): PAGA actions to enforce Labor Code section 226(a) do not require a showing of actual injury; actual injury is only required to secure actual or statutory damages under section 226(e), but is not required to prosecute an enforcement action to secure an employer’s compliance with the Labor Code

Jan 23
Jan 23 Khan v. Dunn-Edwards Corp.: a bizarre situation leads to grant of MSJ based on defective PAGA notice that failed to allege that there are other aggrieved employees

Kelly A. Knight

PAGA, Wage-hour

Court of Appeal holds that PAGA notice that failed to state existence of other aggrieved employees was defective and was a basis on which to grant summary judgment.

Jan 9
Jan 9 Short take on Lawson v. ZB, N.A.: Fourth District Court of Appeal departs from Esparza, holding that unpaid wages under Labor Code section 558 are recoverable as civil penalties under the PAGA

Kelly A. Knight

PAGA, Wage-hour

Fourth District Court of Appeal holds that civil penalties under Labor Code section 558 include both the default civil penalty plus underpaid wages.

Dec 5
Dec 5 California Court of Appeal opens major hole in rule of PAGA non-arbitrability: post-dispute arbitration agreements

Kelly A. Knight

PAGA, Arbitration

Julian v. Glenair, Inc.: Court of Appeal paves the way for enforcement of post-dispute arbitration agreements in PAGA cases.

Kelly A. Knight is an attorney and mediator based in Los Angeles, CAlifornia. He handles matters throughout California.

Jun 15
Jun 15 Viking River Cruises is out: SCOTUS holds that the Federal Arbitration Act requires enforcement of arbitration of PAGA claims in an "individual" capacity

Mar 14
Mar 14 California Supreme Court holds that employees may bring and maintain PAGA claims even when they settle their individual claims or have no individual claims at all.

Nov 14
Nov 14 PAGA plaintiffs may sue on behalf of all other employees who have suffered violations of the Labor Code even if the PAGA plaintiff did not suffer those violations

Jun 25
Jun 25 Raines v. Coastal Pacific Food Distributors, Inc.: PAGA enforcement of wage-statement violations does not require proof of actual injury

Jan 23
Jan 23 Khan v. Dunn-Edwards Corp.: a bizarre situation leads to grant of MSJ based on defective PAGA notice that failed to allege that there are other aggrieved employees

Jan 9
Jan 9 Short take on Lawson v. ZB, N.A.: Fourth District Court of Appeal departs from Esparza, holding that unpaid wages under Labor Code section 558 are recoverable as civil penalties under the PAGA

Dec 5
Dec 5 California Court of Appeal opens major hole in rule of PAGA non-arbitrability: post-dispute arbitration agreements

Kelly A. Knight is a mediator and attorney in Los Angeles, California.

Kelly A. Knight is an attorney and mediator based in Los Angeles, CAlifornia. He handles matters throughout California.

Jun 15 Jun 15 Viking River Cruises is out: SCOTUS holds that the Federal Arbitration Act requires enforcement of arbitration of PAGA claims in an "individual" capacity

Mar 14 Mar 14 California Supreme Court holds that employees may bring and maintain PAGA claims even when they settle their individual claims or have no individual claims at all.

Nov 14 Nov 14 PAGA plaintiffs may sue on behalf of all other employees who have suffered violations of the Labor Code even if the PAGA plaintiff did not suffer those violations

Jun 25 Jun 25 Raines v. Coastal Pacific Food Distributors, Inc.: PAGA enforcement of wage-statement violations does not require proof of actual injury

Jan 23 Jan 23 Khan v. Dunn-Edwards Corp.: a bizarre situation leads to grant of MSJ based on defective PAGA notice that failed to allege that there are other aggrieved employees

Jan 9 Jan 9 Short take on Lawson v. ZB, N.A.: Fourth District Court of Appeal departs from Esparza, holding that unpaid wages under Labor Code section 558 are recoverable as civil penalties under the PAGA

Dec 5 Dec 5 California Court of Appeal opens major hole in rule of PAGA non-arbitrability: post-dispute arbitration agreements

Kelly A. Knight is a mediator and attorney in Los Angeles, California.

Jun 15
Jun 15 Viking River Cruises is out: SCOTUS holds that the Federal Arbitration Act requires enforcement of arbitration of PAGA claims in an "individual" capacity

Mar 14
Mar 14 California Supreme Court holds that employees may bring and maintain PAGA claims even when they settle their individual claims or have no individual claims at all.

Nov 14
Nov 14 PAGA plaintiffs may sue on behalf of all other employees who have suffered violations of the Labor Code even if the PAGA plaintiff did not suffer those violations

Jun 25
Jun 25 Raines v. Coastal Pacific Food Distributors, Inc.: PAGA enforcement of wage-statement violations does not require proof of actual injury

Jan 23
Jan 23 Khan v. Dunn-Edwards Corp.: a bizarre situation leads to grant of MSJ based on defective PAGA notice that failed to allege that there are other aggrieved employees

Jan 9
Jan 9 Short take on Lawson v. ZB, N.A.: Fourth District Court of Appeal departs from Esparza, holding that unpaid wages under Labor Code section 558 are recoverable as civil penalties under the PAGA

Dec 5
Dec 5 California Court of Appeal opens major hole in rule of PAGA non-arbitrability: post-dispute arbitration agreements