Perspective
Jan. 13, 2017
Uncertainty over unmanageability, Rule 23 PAGA defenses
The hybrid nature of a PAGA action is ambiguous and courts are therefore divided in handling such claims. Particularly, which defenses are available to employers to challenge the PAGA action from the inception of the litigation. By Michele Goldsmith and Natasha Travis
In the 13 years since California's Private Attorneys General Act was enacted, there has been no indication that the number of lawsuits, or the amount of articles written about PAGA, will subside. According to the Legislative Analyst's Office, PAGA notices filed with California's Labor and Workforce Development Agency (LWDA) increased from 4,430 in 2010 to 6,307 in 2014. PAGA, codified in California Labor C...
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