Employment Claims Under the Labor Code Private Attorneys General Act: Representative Actions, Penalties, and Arbitration

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Tuesday, October 18, 2022

Recorded event now available

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Course Materials

This CLE course will advise employment counsel on claims under California's Labor Code Private Attorneys General Act of 2004 (PAGA). The panel will discuss the reach and limitations of representative claims brought under PAGA, including: violations giving rise to PAGA claims, the procedural requirements and process involved in bringing a PAGA action, standing issues under PAGA, the effect of arbitration agreements, the relationship between PAGA and class claims, potential defenses, and civil penalty exposure. The panel will also address best practices for preventing, defending, and resolving PAGA claims. In addition, the panel will discuss recent legal developments relating to PAGA, including the U.S. Supreme Court’s landmark decision in Viking River Cruises, Inc. v. Moriana concerning the arbitration of PAGA claims.


PAGA authorizes current and former employees who claim to have experienced Labor Code violations to act as private attorney generals and to recover civil penalties on behalf of the State of California, themselves, and other current and former employees. Thousands of PAGA lawsuits were filed in 2022 and there appears to be no sign of slowing. Moreover, unlike class action claims, PAGA actions are not subject to rigorous certification requirements, and may be more difficult to compel to arbitration.

Employers' counsel must be aware of the potential, significant civil penalty exposure arising from PAGA claims—even those predicated on technical Labor Code violations—as well as methods to potentially “cure” certain violations. Employees' counsel will need to understand PAGA's administrative exhaustion and standing requirements, how to undertake discovery in potentially sprawling actions, and how PAGA actions may be impacted by decisions relating to arbitration and manageability of PAGA actions.

Listen as our authoritative panel discusses PAGA, the elements of establishing a claim, and ways for employers to mitigate risk and exposure to PAGA lawsuits.



  1. Representative lawsuits under the Labor Code Private Attorneys General Act
    1. Nature of PAGA
    2. Pre-filing requirements
    3. Potential PAGA plaintiffs and defendants
  2. PAGA claims
    1. Common issues and violations giving rise to PAGA claims
    2. Preventing and/or curing PAGA claims
  3. Litigating PAGA actions
    1. Effect of prior arbitration and settlement agreements
    2. "PAGA only" vs. class and PAGA lawsuits
    3. Scope of representative claims and manageability of PAGA actions
    4. Discovery and other procedural issues in PAGA litigation
    5. Potential damages
  4. Resolving PAGA claims
    1. Evaluating potential liability/recovery
    2. Unique settlement procedures
    3. Effect of PAGA settlements


The panel will review these and other key issues:

  • Why plaintiffs pursue PAGA claims and commence "PAGA only" litigation
  • Unique pre-lawsuit exhaustion requirements for employees and cure procedures for employees
  • Employee standing and the scope of their representative capacity
  • The effect of arbitration and settlements agreements
  • Common PAGA claims, defense strategies, and litigation issues
  • Evaluating penalty exposure and successfully resolving PAGA claims
  • Considerations related to the mandatory court approval of PAGA settlements


Cabral, Corey
Corey J. Cabral

Partner; Chair of PAGA Litigation Practice Group
CDF Labor Law

Mr. Cabral represents local, regional and national employers in all aspects of California labor and employment law and...  |  Read More

Lebel, Philippe
Philippe A. Lebel

Senior Counsel
Proskauer Rose

Mr. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination,...  |  Read More

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