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CA Supreme Courts Bars Striking a Claim under PAGA on Trial Manag

CA Supreme Courts Bars Striking a Claim under PAGA on Trial Manag
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Estrada Is Not a Death Knell to PAGA Defenses | McDermott Will & Emery

On January 18, 2024, in a highly anticipated and unanimous decision, the Supreme Court of California barred striking a claim under the Private Attorneys General Act (PAGA) on trial. ....

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Class Certification Still Defeated Although Common Evidence of Non-Compliance | CDF Labor Law LLP

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California employers may take solace in a recent unpublished decision upholding denial of class certification. In
Salazar v. See’s Candy Shops Incorporated, the California Court of Appeal upheld the trial court’s decision to deny certification of a proposed class claiming that the employer failed to provide second meal breaks to employees working longer than 10 hours. The Court concluded that there were too many individualized issues, and Salazar failed to propose an adequate trial plan to address those individualized issues.
Certification Denied for Lack of Commonality. Salazar argued there was adequate commonality based on the employer’s scheduling form which lacked a column to indicate second meal periods, claiming that the form sufficiently evidenced employees not receiving a second meal period. The employer’s records, however, demonstrated that (1) it had a policy to provide second meal pe ....

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