Near the end of 2021, a flurry of decisions that significantly affect employers facing and settling Private Attorneys General Act (PAGA) lawsuits were published. The first two decisions, Uribe v. Crown Building Maintenance Co. (2021) 70 Cal.App.5th 986 and Turrieta v. Lyft, Inc. (2021) 69 Cal.App.5th 955 were decided on the same day–30 September 2021. The last, Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, was decided on 30 November 2021. These cases are summarized below:
At issue were two similar PAGA cases: (1) Plaintiff Garibay filed first in Alameda County; and (2) Plaintiff Uribe filed second in Orange County. Both cases involved claims for reimbursement under California Labor Code Section 2802, but under different theories of liability. Garibay alleged failure to reimburse business expenses for cell phone use. Uribe alleged failure to reimburse for uniforms and shoes. The parties went to mediation in Uribe and came to a settlement agreement where Uribe was to file an amended complaint that expanded the settlement beyond the original complaint adding class action allegations and including cell phone use as part of the reimbursement claim.
The trial court approved the settlement, but during the settlement process also granted Garibay intervenor status. Garibay’s intervenor status allowed her to show that she was a party “aggrieved” by the judgment and gave her...
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