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BT Currents - Hot Topics in Employment Law

19 Jan 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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24 Jun California Supreme Court Provides Sweeping Class Waiver Guidance: Accepts Concepcion, Overturns Gentry; Rejects D. R. Horton Theory; Leaves PAGA Loophole

  On June 23, 2014, the California Supreme Court issued its much-anticipated arbitration decision in Iskanian v. CLS Transportation Los Angeles, LLC (Iskanian).  In a far-reaching opinion, the Court accepted the decision of the U.S. Supreme Court in AT&T Mobility LLC v. Concepcion (Concepcion) holding class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA). This part of the opinion was a victory for California employers in that it overturned a prior California Supreme Court decision, Gentry v. Superior Court that…

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