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U.S. Supreme Court,
Labor/Employment,
California Supreme Court

Oct. 5, 2016

PAGA and arbitration: It's déjà vu all over again

The 2nd District Court of Appeal recently held that employees cannot be compelled to arbitrate whether they are "aggrieved" individuals with standing to bring a PAGA claim on behalf of fellow employees.

Steven B. Katz

Partner
Constangy, Brooks, Smith & Prophete LLP

1800 Century Park E Fl 6
Los Angeles , CA 90067

Phone: (310) 597-4553

Email: skatz@constangy.com

USC Law School

Steven B. Katz is a partner and co-chair of the Appellate Practice Group at Constangy, Brooks, Smith & Prophete, LLP. He represents employers in class, collective and representative actions, and appeals.

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Sean Kramer

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In Perez v. U-Haul Company of California, 2016 DJDAR 9659 (Sept. 16, 2016), the 2nd District Court of Appeal held that employees cannot be compelled to arbitrate whether they are "aggrieved" individuals with standing to bring a PAGA claim on behalf of fellow employees.

The plaintiffs, two U-Haul customer services representatives, filed a complaint seeking PAGA penalties against their employer for failure to pay overtime, missed meal periods, and other Labor Code violations....

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