Monthly Archives: June 2017

Has The Era Of The PAGA Anti-Hero Ended? – Part 4

Private settlements framed as hybrid settlements of class action claims and PAGA claims helped recalibrate the incentives for employers and employees to comply with the Labor Code. Settlements tend to be allocated mostly to non-PAGA claims such that the worker keeps one hundred percent (100%) of that portion with a small amount allocated to PAGA…
Read more

The Jagged Legal Pill, PAGA – Part 3

The Dukes and Concepcion decisions of 2011 triggered class actions’ fall from power and, at the same time, marked the rise of the Private Attorneys General Act (“PAGA”) claims. Although effective in 2004, PAGA was rarely used because, in part, seventy-five percent (75%) of any recovered penalties must be paid to the State. However, as…
Read more

Individual Arbitration Deposes Class Actions – Part 2

The prominent role of class actions in the U.S. legal system is far from certain after a pair of recent opinions by the U.S. Supreme Court. In 2011, these two U.S. Supreme Court rulings all but eviscerated the class action tool—Wal-Mart v. Dukes, 564 U.S. 338 (2011) and AT&T Mobility LLC v. Concepcion, 131 S.…
Read more