Labor and Employment > The PAGA Report
22 Nov '22

In last month’s decision in Wakefield v. Visalus, Inc., 51 F.4th 1109 (9th Cir. 2022), the 9th Circuit adopted a standard endorsed by other circuits for evaluating whether a statutory damages award comports with the Due Process Clause. Because Private Attorney Generals Act (PAGA) claims often expose defendants to large statutory damages awards, at first blush, the 9th Circuit’s decision may appear to be welcome relief to employers. However, Wakefield is unlikely to have any meaningful impact in PAGA cases, because PAGA already imposes stricter limits on penalty awards than the Constitution.

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20 Jan '22

On January 11, 2022, Judge Cunningham of the Los Angeles Superior Court conditionally approved a $7.5 million agreement to settle three overlapping Private Attorneys General Act (PAGA) actions, the lead case titled Reyes v. Kellermeyer Bergensons Servs., LLC. The consolidated settlement is perhaps the largest settlement approved since the California Court of Appeal defined the standard for reviewing a PAGA settlement in Moniz v. Adecco USA, Inc., 72 Cal. App. 4th 56 (2021). (To read about the Moniz decision, click here.)

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14 Dec '21

On December 1, 2021, the California Court of Appeal (4th District) issued its decision in Gunther v. Alaska Airlines, Inc., Case No. D076762, holding that heightened penalties for wage statement violations under Labor Code Section 226.3 are available only where an employer fails to provide a wage statement or keep required records at all—not in a run-of-the-mill case where the wage statement is merely inaccurate.

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