Posts in Class Action.
Failure to Comply With COVID-19 Requirements May Ignite Class Action Claims

In the first of its kind, a class action lawsuit has been filed in Florida District Court alleging Celebrity Cruises ignored the U.S. Centers for Disease Control and other regulators and allowed “business as usual” instead of heeding warnings. The case was brought under the Jones Act. The class could possibly be as large as 10,000 members.

Categories: Class Action
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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