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Litigation & Arbitration

Jan. 9, 2025

The master of the ship matters: Arbitrating individual PAGA claims after Leeper v. Shipt

The California Court of Appeal's Leeper decision empowers employers to compel arbitration of individual PAGA claims, even in cases seeking only non-individual penalties, streamlining PAGA litigation.

Landon R. Schwob

Partner Fisher & Phillips LLP

Pepperdine University SOL; Malibu CA

Harrison Thorne

Of Counsel Fisher & Phillips LLP

Email: hthorne@fisherphillips.com

UCLA SOL; Los Angeles CA

Jacob Waschak

Associate Fisher & Phillips LLP

Shutterstock

The California Court of Appeal dealt a significant blow to employees pursuing what has come to be known as "headless" claims under the Private Attorneys General Act of 2004 (PAGA)--representing a significant victory for employers across the state.

PAGA primer

For over 20 years, PAGA has provided an avenue for employees to recover civil penalties for alleged violations of California's wage and hour laws. Much like i...

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Related Content

Employment Law, Arbitration

Leeper v. Shipt, Inc.

Since all Private Attorneys General Act claims necessarily contain individual and representative components, the individual component may be compelled to arbitration, staying litigation o...

Employment Law

Iskanian v. CLS Transportation Los Angeles LLC

Arbitration agreement that compels waiver of representative actions under Private Attorneys General Act is unenforceable as a matter of public policy.

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Viking River Cruises, Inc. v. Moriana

Where California law under *Iskanian* does not allow PAGA actions to be divided into individual and nonindividual claims through an agreement to arbitrate, it is preempted by the Federal ...

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Adolph v. Uber Technologies Inc.

Private Attorneys General Act plaintiffs do not lose standing to litigate non-individual claims in court when plaintiffs' individual claims are subject to arbitration.

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Balderas v. Fresh Start Harvesting, Inc.

Aggrieved employee had standing to bring a Private Attorneys General Act claim despite not having filed an individual action against employer.



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