NOTE FROM THE EDITORSMost employers in California are well aware of the Private Attorneys General Act(PAGA) of 2004, which authorizes an “aggrieved employee” to file a lawsuit against aformer employer on behalf of himself and other current and former employees to obtaincivil penalties that previously could have been recovered only by the California Laborand Workforce Development Agency (LWDA). The law essentially deputizes privatecitizens to sue on behalf of the State of California and to seek civil penalties forthemselves and for other employees, along with attorneys’ fees.Plaintiffs bring thousands of PAGA cases every year, and, because PAGA plaintiffs canbring suit on behalf themselves and other employees, the stakes are often significant,with companies exposed to risks similar to those arising from class action litigation.PAGA, however, has its own specific rules of the road, which differ from the ruleselucidated in familiar Rule 23 jurisprudence.The explosion of PAGA litigation has resulted in a complex body of case law that isoften difficult to navigate, particularly in terms of the application of arbitrationagreements and representative action waivers. Given the wide adoption of sucharbitration agreements, companies are struggling to grasp how recent decisionsregarding PAGA and arbitration impact their businesses.The purpose of the Duane Morris Private Attorney General Act Litigation Review ismulti-faceted. We hope it will demystify some of the complexities of PAGA litigation andkeep corporate counsel updated on the ever-evolving nuances of these issues. Wehope this book – manifesting the collective experience and expertise of our class actiondefense group – will assist our clients by identifying developing trends in the case lawand offering practical approaches in dealing with PAGA litigation.Gerald L. Maatman, Jr.Jennifer A. RileyGeneral EditorApril 18, 2023General EditorApril 18, 20234© Duane Morris LLP 2023PAGA Litigation Review – 2023
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