On March 12, 2020, the California Supreme Court, the highest court in our state, issued a ruling that expanded the California Private Attorney General Act (“PAGA”) – a huge win for employees’ rights.
By way of background, the PAGA, enacted in 2004, gives California employees who have suffered at least one Labor Code violation (for example, not being paid overtime, or not being provided compliant meal and/or rest breaks) the right to sue their employers on behalf of all other “aggrieved” employees for other Labor Code violations and recover certain penalties.
Until recently, an employee who had settled his/her individual claims against his/her employer could not continue to pursue a PAGA lawsuit on behalf of other employees because he/she was no longer considered to be an “aggrieved” employee (having recovered a settlement). This month, the California Supreme Court changed that. The Court held that even if an individual employee settles his/her claims against his/her employer, he/she could still pursue a PAGA lawsuit against the employer. This is a major win for employees in the State of California and should definitely make employers think twice about committing Labor Code violations.
If you or someone you know have suffered violations of the Labor Code by an employer, you should immediately seek consultation from an experienced labor and employment attorney.
Consultations at Arin | James LLP are free. Arin and James are highly experienced labor and employment attorneys who are ready to help you.
