Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent presentation, “Helping Employers Traverse the PAGA Jungle.” A recording of the full presentation can be viewed here.
When multiple plaintiffs file overlapping PAGA actions, employers can try to consolidate the cases into a single action or stay the second-filed case. Consolidation is often preferred because it leaves only a single action remaining, but it can only be ordered if both cases are pending in the same court. If consolidation is not possible, employers can seek to stay the second-filed action on one (or both) of two separate grounds: (1) a plea in abatement (Cal. Code Civ. Proc. § 597), which allows the first court having jurisdiction over a dispute to bar any other court from exercising jurisdiction over actions in which the parties, causes of action, and issues are identical; or (2) exclusive concurrent jurisdiction, a judge-made doctrine, which allows the same outcome but does not require that the parties, causes of action, or remedies sought be absolutely identical.
When considering whether to settle PAGA claims, employers should consider the complications of compelling arbitration, the risks of delaying settlement until after arbitration, the pros and...
For the past several months, a coordinated digital campaign has targeted community archivists in Bangladesh who document and preserve audiovisual material related to the July 2024 Student-People’s...