California Supreme Court Rules Workers Cannot Recover Unpaid Wages In A PAGA Claim Featured

  13 September 2019

In a significant decision, the California Supreme Court has ruled that the civil penalties a plaintiff may seek under section 558 through the PAGA do not include the “amount sufficient to recover underpaid wages.”

According to the Court, although section 558 authorizes the Labor Commissioner to recover such an amount, this amount –– understood in context –– is not a civil penalty that a private citizen has authority to collect through the Private Attorney General’s Act (PAGA). Because the amount for unpaid wages is not recoverable under the PAGA, and section 558 does not otherwise permit a private right of action, the trial court should have denied the motion. The Court thus affirmed the Court of Appeal’s decision on that ground. Read more here:  

https://www.courts.ca.gov/opinions/documents/S246711.PDF

 

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