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BT Currents - Hot Topics in Employment Law
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19 Jan 2018 The Death of PAGA Claims at the Hand of Individual Settlements

  Employers who are facing wage and hour lawsuits which include a Private Attorney General Act[1] (PAGA) claim would be happy to know that on December 29, 2017, an appellate panel determined that any plaintiff who settled his/her individual claims is subsequently barred from continuing with a claim under PAGA.   A three-judge panel for the California Court of Appeal for the Second Appellate District affirmed a 2016 ruling issued by Judge Kenneth R. Freeman of Los Angeles Superior Court that awarded summary judgment to…

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08 Oct 2015 Altering Arbitration: Sakkab v. Luxottica Retail North America

Overtime claims that a former LensCrafters employee brought against a California franchise led the Ninth Circuit to once again tweak arbitration rules. The divided 9th Circuit panel reversed the district court’s order granting defendant Luxottica Retail North America, Inc.’s motion to compel arbitration of claims and dismissing plaintiff’ Shukri Sakkab’s  first amended complaint, in a putative class action raising class employment-related claims and a non-class representative claim for civil penalties under the Private Attorney General Act.   Mr. Sakkab filed the complaint in San Diego against defendant,…