Employees wanting to sue their bosses for workplace violations were given an alternative route Monday that gets around the arduous task of gaining class certification under unfair competition laws.
By unanimous vote, the California Supreme Court ruled in two companion cases that employees need not meet class requirements if they seek civil penalties for themselves and others under the Labor Code Private Attorneys General Act of 2004, commonly called PAGA.
That was significant because the court also held -- as parties on both sides expected -- that individuals trying to bring unfair competition suits on behalf of others must qualify them as class actions. Employers have been able to fend off UCL suits through rulings denying class certification.
Richard Bergstrom III, the San Diego-based co-chairman of Morrison & Foerster's employment and labor group, said one of Monday's rulings provides "a back door around the class certification process through PAGA. Employees can now pursue claims for penalties for violations of any Labor Code provision without having to go through the class certification procedures."
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Posted By Phoenix Accident Injury Attorneys
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