On May 31, 2024, Law360 published an article from Atlanta-based Partner Paul Sherman that discusses California’s Private Attorneys General Act (PAGA). Among other developments, Sherman wrote about recent PAGA cases, including Estrada v. Royalty Carpet Mills, Inc., in which “the California Supreme Court held that trial courts lack the authority to strike PAGA claims on trial manageability grounds.

”Sherman also discussed the California Supreme Court’s LaCour v. Marshalls of California LLC case from last year in which the Court held that the settlement of a previous PAGA case did not bar a second representative action, explaining, “[f]ollowing LaCour, employers may be less likely to settle PAGA claims given the uncertainty of whether, in doing so, they are buying complete peace against future overlapping PAGA claims.”

“Obviously, PAGA continues to be heavily litigated, both at the trial and appellate court levels. This hotbed of activity, however, will quickly lose steam if California voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act,” wrote Sherman.

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