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If Supreme Court rules for Adolph, allows plaintiffs to pursue non-individual PAGA claims in court after being compelled to arbitration, it would be well-advised incorporate Adolph’s concessions into decision. A bad outcome in Adolph will come with some reasonable guardrails
There seemed to be some consensus that if a plaintiff could represent other employees for PAGA violations, even if the employee was required to arbitrate the individual claims, the representative claims should proceed only after the conclusion of the individual arbitration.