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Uber: PAGA Plaintiff No Different Than A Member of the General Publicby@legalpdf

Uber: PAGA Plaintiff No Different Than A Member of the General Public

by Legal PDFFebruary 2nd, 2024
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Uber further argues that a PAGA plaintiff, upon arbitrating personally sustained Labor Code violations, stands in no different position than a member of the general public with regard to non-individual claims.

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ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This is part 12 of 15.

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Uber further argues that a PAGA plaintiff, upon arbitrating personally sustained Labor Code violations, stands in no different position than a member of the general public with regard to non-individual claims.


“General public” standing once existed under the UCL and allowed individuals with no ties to the unlawful conduct to bring suit. (Kim, supra, 9 Cal.5th at p. 90.) In order to curb abusive litigation, the Legislature designed PAGA standing to be narrower than general public standing. (Kim, at p. 90.)


An “aggrieved employee” under PAGA is not merely a member of the general public; an “aggrieved employee” is an individual who worked for the alleged violator and personally sustained at least one Labor Code violation. (§ 2699, subd. (c); see Kim, at p. 90, quoting Sen. Com. on Judiciary, Analysis of Sen. Bill No. 796 (2003–2004 Reg. Sess.) as amended Apr. 22, 2003, p. 7.)


An employee who has met these requirements upon bringing a PAGA action does not lose standing to litigate non-individual claims by virtue of being compelled to arbitrate individual claims. This is true even if the employee obtains redress for individual claims in arbitration. (See Kim, at p. 84.)


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This court case S274671 retrieved on September 22, 2023, from courts.ca.gov is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.