Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

California Supreme Court Keeps Representative PAGA Claims Afloat in State Court

By Tyler Paetkau [Former Attorney] & Zain Zubair on July 25, 2023
Email this postTweet this postLike this postShare this post on LinkedIn

In June 2022, the United States Supreme Court’s decision in Viking River Cruises v. Moriana allowed PAGA claims to be split into individual and non-individual (representative) claims, and consequently, under a valid enforceable arbitration agreement, employers could compel arbitration of individual PAGA claims. The U.S. Supreme Court’s ruling established that once individual claims are compelled to arbitration, the remaining non-individual claims should be dismissed for lack of standing. Justice Sotomayor, in her concurring opinion, warned that if the Court’s interpretation of California law as to standing was incorrect, the final authority would rest with the California courts and legislature.

In Adolph v. Uber, the California court held that PAGA only requires two elements for standing: that the plaintiff is an employee and has suffered a Labor Code violation by their employer. As a result, if a plaintiff files a PAGA action with both individual and non-individual claims and arbitration is compelled for the individual claims, the plaintiff retains standing to litigate the non-individual claims in court. This decision could lead to representative PAGA claims being stayed pending arbitration outcomes. Employers should consult with counsel to continue navigating the rough seas of PAGA litigation.

Explore further details and stay informed by reading our Legal Updates.

 

Photo of Tyler Paetkau [Former Attorney] Tyler Paetkau [Former Attorney]

Formerly with Husch Blackwell, Tyler is a veteran litigator with a deep understanding of California labor and employment law.

Email
Photo of Zain Zubair Zain Zubair

Zain defends clients in labor and employment litigation while helping them develop policies to prevent future problems. Zain offers clients representation in litigation as well as preventative counsel. His litigation experience includes both single and multi-plaintiff cases as well as class action suits…

Zain defends clients in labor and employment litigation while helping them develop policies to prevent future problems. Zain offers clients representation in litigation as well as preventative counsel. His litigation experience includes both single and multi-plaintiff cases as well as class action suits, Equal Employment Opportunity (EEO) matters, wrongful termination and leave/accommodation claims, and allegations of wage and hour violations, including those that arise under California’s Private Attorneys General Act (PAGA) and the California Labor Code.

Read more about Zain ZubairEmail
Show more Show less
  • Posted in:
    Employment & Labor
  • Blog:
    Labor and Employment Law Insights
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo