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 Arias v. Superior Court, No. S155965 (June 29, 2009) Littler Mendelson, P.C. - August 06, 2009 In Arias v. Superior Court (Angelo Dairy)1 (2009) the California Supreme Court held that an "aggrieved employee" may bring an action for civil penalties on behalf of other employees in a representative action pursuant to the California Labor Code Private Attorneys General Act of 2004 (PAGA) without complying with California class action procedure. Unfortunately, the court in Arias did not elaborate on the nature of a PAGA representative action, leaving open questions of how PAGA representative actions can be tried or settled. Without such guidance, California employers may expect to see plaintiffs bringing more PAGA representative actions, either by themselves or as companions to class actions, in which they argue that such class action due process safeguards as "typicality" or "predominance" are no longer relevant.  SUPREME COURT MAKES IT HARDER FOR EMPLOYEES TO FILE CLASS ACTIONS FOR UNFAIR COMPETITION AND PENALTIES UNDER THE STATE’S PRIVATE ATTORNEYS GENERAL ACT.Ballard Rosenberg Golper & Savitt - August 05, 2009 In Arias v. Superior Court, the California Supreme Court ruled that employees cannot bring "representative actions" against employers for unfair competition unless they satisfy all of the onerous procedural requirements for class action lawsuits. However, the Court also ruled these procedures do not apply to actions initiated under the State's Private Attorneys General Act. California Supreme Court: No Class Action Requirements for Private Attorneys General Act Claims.Jackson Lewis LLP - July 01, 2009 The California Supreme Court has allowed an employee to proceed with his claim to recover penalties on behalf of himself and non-party employees under the California Private Attorneys General Act of 2004 (“PAGA”) without satisfying class certification requirements. Arias v. Superior Court, No. S155965 (June 29, 2009). However, the Court ruled that the plaintiff cannot bring claims in a representative capacity under California’s unfair competition law without meeting class certification requirements.
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