Noting the legal and conceptual differences between, as well as the penalties available in, a claim under the state’s Private Attorneys General Act (PAGA) and an employee’s individual suit for damages and statutory penalties, the California Supreme Court recently held that an employee may bring a PAGA claim even if the employee has settled or dismissed his or her individual claims. Kim v. Reins International California, Inc., 2020 Cal. LEXIS 1593 (Cal. Mar. 12, 2020).
A full discussion of the decision may be found in the Jackson Lewis California Workplace Law blog, here.