Judge To Nix Whole Foods Seating Suit Over PAGA Doubts

Law360, Los Angeles (October 17, 2011, 8:59 PM EDT) -- A California state judge on Monday said he planned to throw out a lawsuit that accused Whole Foods Market Inc. of failing to provide proper seating accommodations for workers, saying the Private Attorney General Act of 2004 that gave rise to the lawsuit is unconstitutional.

In a tentative ruling, Judge Daniel J. Buckley granted Whole Food's motion for demurrer, adopting the supermarket chain's argument that the representative action be dismissed on ground that PAGA usurps the separation of powers.

PAGA allows private counsel to prosecute Labor...
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