California Supreme Court: Labor Code PAGA Representative Actions Need Not Meet Class Action Requirements

On June 29, the California Supreme Court issued a decision in Arias v. Superior Court (Angelo Dairy), No. S155965 (June 29, 2009), that could result in even more lawsuits against employers over wage and hour claims. By ruling that employees may sue their employers on behalf of themselves and other employees under the Labor Code Private Attorneys General Act of 2004 (PAGA) without having to meet class action requirements, the court provided an alternative path for employees to bring representative claims for Labor Code violations, even if they cannot establish the standards for class certification.

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