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PAGA at 20: What Happens When Cases go to Trial?
California Labor & Employment Law Review - Volume 38, Issue 4
Attorneys largely overlooked the Private Attorneys General Act (PAGA) the first few years after it became law. According to data from the California Department of Industrial Relations, just four PAGA notices were submitted in 2004, the year PAGA went into effect.
In 2011, the U.S. Supreme Court decided AT&T Mobility LLC v. Concepcion,3 holding that the Federal Arbitration Act4 preempted a California rule that invalidated certain class action waivers in arbitration agreements. Employers responded by increasing the use of mandatory arbitration clauses that waived employees’ rights to file or participate in class action lawsuits. Employees and their lawyers responded by turning to PAGA—one of the only tools left to prosecute representative actions.
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