Assessing The Availability Of Jury Trials For PAGA Claims

Law360 (May 29, 2019, 5:26 PM EDT) -- In 2003, the California Legislature enacted the Labor Code Private Attorneys General Act of 2004.[1] PAGA authorizes an employee who has been harmed by particular Labor Code violations to seek penalties “on behalf of himself or herself and other aggrieved employees.”[2]

Since PAGA’s enactment, “‘it has become common practice for plaintiffs in employment cases to assert a PAGA claim, as the potential civil penalties for violations can be staggering and often greatly outweigh any actual damages.’”[3] “Annual PAGA filings have increased over 200 percent” in recent years, “and over 400 percent since 2004.”[4]

Even though PAGA has been on the books...

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