PAGA Employment Claims Post-Viking River Cruises and Uber Technologies: Representative Actions; Standing; Penalties; Arbitration
Recording of a 90-minute CLE video webinar with Q&A
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 and the resulting California Supreme Court decision in Adolph V. Uber Technologies Inc.
Outline
- Representative lawsuits under PAGA
- Nature of PAGA
- Pre-filing requirements
- Potential PAGA plaintiffs and defendants
- PAGA claims
- Common issues and violations giving rise to PAGA claims
- Preventing and/or curing PAGA claims
- Litigating PAGA actions
- Effect of prior arbitration and settlement agreements
- "PAGA only" vs. class and PAGA lawsuits
- Scope of representative claims and manageability of PAGA actions
- Discovery and other procedural issues in PAGA litigation
- Potential damages
- Resolving PAGA claims
- Evaluating potential liability/recovery
- Unique settlement procedures
- Effect of PAGA settlements
Benefits
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 employers
- Employee standing and the scope of their representative capacity
- The effect of arbitration and settlement 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
Faculty
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
Mr. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, defamation, trade secrets, and breach of contract litigation, in both the single-plaintiff and class- and/or representative-action context, at both the trial and appellate level, and before administrative agencies. In addition to his litigation work, Mr. Lebel regularly advises clients regarding compliance with federal, state and local employment laws, and assists a variety of companies and financial firms in evaluating labor and employment issues in connection with corporate transactions. He also has experience assisting employers with sensitive employee investigations and trainings. Mr. Lebel also represents employers in connection with labor law matters, such as labor arbitrations and proceedings before the National Labor Relations Board.
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Jonathan Slowik
Special Employment Law Counsel
Proskauer Rose
Mr. Slowik represents employers in all aspects of litigation, with a particular emphasis in wage and hour class,... | Read More
Mr. Slowik represents employers in all aspects of litigation, with a particular emphasis in wage and hour class, collective, and representative actions, including those under the Private Attorneys General Act (PAGA). He has defended dozens of class, collective, and representative actions in state and federal trial and appellate courts throughout California and beyond. In addition to his core wage and hour work, Mr. Slowik has defended employers in single-plaintiff discrimination, harassment, and retaliation cases, and in labor arbitrations. He also regularly advises clients on a wide range of compliance issues and on employment issues arising in corporate transactions. Mr. Slowik has written extensively about PAGA on various platforms.
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