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Paga is not Dead Yet! Viking’s Impact Likely Minimal
California Labor & Employment Law Review - Volume 36, Issue 6
On June 15, 2022, after the United States Supreme Court decided Viking River Cruises, Inc. v. Moriana,1 there was handwringing among workers’ advocates about whether the Court had gutted California’s Private Attorneys General Act (PAGA).2 Social media was flooded with the message that “PAGA is dead!” Reports of PAGA’s demise turned out to be premature. Recent developments demonstrate that the practical impacts of Viking on PAGA will likely be minimal, while the majority decision announced several legal principles that will actually strengthen the State’s power to protect workplace rights from contractual waiver. Below, we discuss the history of Viking, the legal strategies in the Supreme Court, what was and was not decided, and why California trial courts have almost uniformly refused to be bound by the majority’s state-law-based holding.
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