Labor/Employment,
Civil Litigation,
California Supreme Court
May 12, 2020
The verdict is in on PAGA jury trials
Last week’s California Supreme Court decision in Nationwide Biweekly, although not a PAGA case, all but definitively settles the issue: There is no right to jury trial in PAGA actions.
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.
Whether Private Attorneys General Act representative actions are tried to the court or a jury has been a hotly contested issue in wage-and-hour litigation. Although the state appellate courts have yet to rule, numerous trial courts have held that PAGA claims are for the court. See, e.g., Espinosa v. Bodycote Thermal Processing, Inc., BC501617 (L.A. Sup. Ct., Feb. 15, 2017); Banta v. Am. Med...
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