Employer Successfully Challenges PAGA Claim Based on Insufficient Notice Letter

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By Christine Mueller The Ninth Circuit Court of Appeals (“Ninth Circuit”) dismissed an employee’s Private Attorneys General Act (“PAGA”) claim because the plaintiff failed to comply with the PAGA’s notice requirements. In Alcantar v. Hobart Service et al., the plaintiff filed a class action lawsuit against his employer alleging that he was not compensated for […]

Ninth Circuit Gives a Thumbs-Up to the California Supreme Court, Holds the Iskanian Decision Is Not Preempted by Federal Law

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By Jennifer Suberlak and Jenna Leyton-Jones In Sakkab v. Luxottica Retail North America, Inc., No. 13-55184 (9th Cir. Sept. 28, 2015), the Ninth Circuit Court of Appeals held that a waiver of the plaintiff’s representative Private Attorneys’ General Act (“PAGA”) claim could not be enforced. Plaintiff Shukri Sakkab (“Sakkab”) filed a wage and hour class […]