In the next several months, wage and hour litigation will be in the spotlight as courts grapple with issues ranging from administrative agency power to the fate of the Private Attorneys General Act (PAGA). Steve Katz was quoted in a Law360 article, published on June 30, 2023, on a California Supreme Court case dealing with an employee's ability to bring forth PAGA claims after arbitrating their individual claims.
"The decision may ultimately be very anticlimactic," says Steve. "Regardless of the question of standing, an employee subject to an arbitration agreement will nonetheless need to arbitrate their individual PAGA claims ... Standing doesn't alter the fact that that PAGA plaintiff has signed a contract ... that says I will bring PAGA claims only in arbitration and only on behalf of myself," he continues. "Enforcement will continue, and the state would remain in a position to bring claims."
The California Supreme Court heard arguments for the case, Adolph v. Uber Technologies Inc., in May of 2023.
The complete article can be accessed here.