• Posts by Sarkis Atoyan
    Associate

    Sarkis Atoyan represents clients in all aspects of labor and employment law, with a particular focus on the defense of wage and hour class actions and representative action lawsuits under California’s Private Attorneys General ...

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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