On August 13, 2019, a court of appeal in Mejia v. Merchants Building Maintenance affirmed a trial court’s order denying the defendants’ motion to compel arbitration. The plaintiff was a union member covered by a collective bargaining agreement that required employees...
Advising And Defending Businesses
Results for "PAGA"
PAGA Action Seeking Only Civil Penalties Will Not Be Compelled to Arbitration
On June 19, 2020, the Court of Appeal for the First Appellate District in Olabi v. Neutron Holdings, Inc. affirmed a trial court’s order denying an employer’s petition to compel arbitration of a lawsuit alleging that the plaintiff and other workers had been...
Arbitrator Does Not Decide Whether Plaintiff Was an Employee or Independent Contractor Under PAGA
On April 30, 2021, a court of appeal in Rosales v. Uber Technologies, Inc. affirmed a trial judge’s denial of the employer’s motion to compel arbitration of the plaintiff’s lawsuit that alleged a single cause of action for wage violations under the Private Attorneys...
\PAGA Lawsuit Challenging Information Listed on Employees’ Pay Stubs Dismissed
On April 10, 2019, a court of appeal in Savea v. YRC Inc. affirmed a lower court’s dismissal of a lawsuit brought under the Private Attorneys General Act (PAGA) by an employee on behalf of himself and as an “aggrieved employee” that alleged that the employer’s wage...
Trial Court May Not Split PAGA Claim and Send Individual Wage Claims to Arbitration
On March 28, 2019, a court of appeal in Zakaryan v. The Men’s Warehouse, Inc. affirmed a trial court’s order denying the employer’s motion to compel arbitration of a lawsuit alleging a violation the Private Attorneys General Act of 2004 (PAGA). A former manager of The...
Employee May Settle His Individual Wage Claims and Still Sue Under PAGA
On March 12, 2020, the California Supreme Court in Kim v. Reins International California, Inc., held that employees may settle and dismiss their individual claims for Labor Code violations and not lose standing to pursue a claim under the Private Attorneys General Act...
Employee’s Refusal to Share PAGA Penalties with Aggrieved Employees Results in Dismissal of Lawsuit
On February 27, 2019, a California court of appeal published its decision in Moorer v. Noble L.A. Events Inc., affirming a trial court’s order dismissing the plaintiff’s lawsuit that alleged violations of the Labor Code, Wage Order No. 4, and the Private Attorneys...
PAGA Claim Will Not be Compelled to Arbitration
On February 25, 2019, a California court of appeal in Correia v. NB Baker Electric, Inc. affirmed a trial court’s order denying an employer’s petition to compel arbitration of a claim brought under the Private Attorney General Act of 2004 (PAGA). The trial court had...
Poorly Worded Severance Clause Results in Denial of Employer’s Motion to Compel PAGA and All Other Claims to Arbitration
On December 12, 2018, the Third Appellate District in Smigelski v. PennyMac Financial Services affirmed a trial court’s denial of an employer’s motion to compel arbitration of its former employee’s Private Attorneys General Act claims. In its...
Rediger, Robert L.
Robert L. Rediger is a founding partner of Rediger Labor Law, a law firm that limits its practice to the representation of employers in labor, employment, and class action defense. Since 1999, he has been peer rated “AV” by Martindale-Hubbell, its highest ratings for legal ability and ethics.