• Posts by Michael O'Connor, Jr.
    Posts by Michael O'Connor, Jr.
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    Michael J. O’Connor Jr. represents businesses and employers throughout the region in class action defense, regulatory compliance, collective actions, commercial proceedings, and claims ranging from alleged wrongful ...

Supreme Court Denies Plaintiffs the Ability to Seek Recovery of Unpaid Wages Under PAGA

On September 12, 2019, the California Supreme Court decided in a unanimous decision that in a Private Attorneys General Act (PAGA) action seeking to recover penalties under California Labor Code Section 558, a plaintiff may recover civil penalties but may not recover actual unpaid wages. This is an important decision, which now clearly prevents a plaintiff from seeking both statutory penalties and wages under PAGA (as is often argued by the plaintiff). The high court did, however, reinforce that actions seeking statutory penalties under PAGA cannot be compelled to arbitration.

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