PAGA – Employee Rights Law Firm

The Nature of PAGA Actions What is a PAGA claim? How do you bring one? Why would you bring one? What other factors must be taken into consideration?

October 27, 2022May 1, 2021 by Leonard H. Sansanowicz

A PAGA PRIMER: THE CASES AND ISSUES YOU NEED TO KNOW The seminal case in this area is the California Supreme Court’s decision in lskanian v CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348. As the Court explained after examining the legislative history of the statute, PAGA was enacted for a dual purpose: (1)… Continue Reading The Nature of PAGA Actions What is a PAGA claim? How do you bring one? Why would you bring one? What other factors must be taken into consideration?

PAGA Notice is Sufficient, PAGA Claim Contains Multiple Causes of Action

October 27, 2022December 21, 2020 by Leonard H. Sansanowicz

Rojas-Cifuentes v. Super. Ct., 2020 WL 7488653 (Dec. 21, 2020) Plaintiff brought a PAGA claim along with class action allegations and an individual claim, and the trial court dismissed the PAGA claim on summary adjudication (with leave to amend the civil complaint) for failure to properly allege the facts and theories supporting his notice to… Continue Reading PAGA Notice is Sufficient, PAGA Claim Contains Multiple Causes of Action

Whether an Employee is an “Aggrieved Employee” for PAGA Purposes is Not Arbitrable.

October 27, 2022October 15, 2020 by Leonard H. Sansanowicz

Provost v. YourMechanic, Inc., 55 CalApp5th 982 (Oct. 15, 2020) Defendant sought to compel Plaintiff to arbitrate the issue of whether he was an “aggrieved employee” before he could proceed with his complaint for civil penalties under the Labor Code Private Attorneys General Act of 2004 (“PAGA”). The Fourth Appellate District affirmed the trial court’s… Continue Reading Whether an Employee is an “Aggrieved Employee” for PAGA Purposes is Not Arbitrable.

Arbitrator’s Failure to Void Non-Compete, Non-Solicitation Provisions Violated Employee’s Statutory Rights Under B&P § 16600.

October 27, 2022October 13, 2020 by Leonard H. Sansanowicz

Brown v. TGS Mgmt. Co., LLC, 57 CalApp5th 303 (Oct. 13, 2020) Plaintiff appealed the trial court’s confirmation of an arbitration award in Defendant’s favor. Relying on Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1 and on Business & Professions Code section 16600, the Fourth Appellate District reversed the judgment on the grounds that… Continue Reading Arbitrator’s Failure to Void Non-Compete, Non-Solicitation Provisions Violated Employee’s Statutory Rights Under B&P § 16600.