Private Attorneys General Act Review – 2023 - Report - Page 4
NOTE FROM THE EDITORS
Most 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 a
former employer on behalf of himself and other current and former employees to obtain
civil penalties that previously could have been recovered only by the California Labor
and Workforce Development Agency (LWDA). The law essentially deputizes private
citizens to sue on behalf of the State of California and to seek civil penalties for
themselves and for other employees, along with attorneys’ fees.
Plaintiffs bring thousands of PAGA cases every year, and, because PAGA plaintiffs can
bring 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 rules
elucidated in familiar Rule 23 jurisprudence.
The explosion of PAGA litigation has resulted in a complex body of case law that is
often difficult to navigate, particularly in terms of the application of arbitration
agreements and representative action waivers. Given the wide adoption of such
arbitration agreements, companies are struggling to grasp how recent decisions
regarding PAGA and arbitration impact their businesses.
The purpose of the Duane Morris Private Attorney General Act Litigation Review is
multi-faceted. We hope it will demystify some of the complexities of PAGA litigation and
keep corporate counsel updated on the ever-evolving nuances of these issues. We
hope this book – manifesting the collective experience and expertise of our class action
defense group – will assist our clients by identifying developing trends in the case law
and offering practical approaches in dealing with PAGA litigation.
Gerald L. Maatman, Jr.
Jennifer A. Riley
General Editor
April 18, 2023
General Editor
April 18, 2023
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© Duane Morris LLP 2023
PAGA Litigation Review – 2023
