Alternative Dispute Resolution,
U.S. Supreme Court
Dec. 15, 2023
PAGA: What’s gone, what’s left, and what’s next
A year and-a-half after the Supreme Court of the United States sent shockwaves with its Viking River Opinion, we do know a few things: (1) PAGA is not dead, completely preempted or constitutional; and (2) even employees who sign arbitration agreements can continue to bring PAGA representative actions. But beyond that, much remains unclear.
David D. Bibiyan
Founder
Bibiyan Law Group PC
Phone: (310) 438-5555
Email: david@tomorrowlaw.com
Univ of Chicago Law School; Chicago IL
Approximately twenty years ago, the California Legislature enacted the labor law known as the Labor Code Private Attorneys' General Act of 2004 (PAGA). Since its inception, it has resulted in the recovery of millions of dollars in penalties arising from wage theft.
Still, on Dec. 14, 2021, the PAGA world was plush with questions. There were, however, a few central tenets known to all. These central tenets were that an action under PAGA is ...
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