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PAGA Was Not the Road to Take

In what is a win for the auto company, California federal judge granted O’Reilly Auto Enterprises LLC's bid for partial summary judgment on an employee’s Private Attorneys General Act claim, finding her proposed wage-and-hour class action suit did not offer any evidence that O’Reilly violated state labor codes with respect to other workers.

U.S. District Judge R. Gary Klausner said in the five-page ruling that plaintiff Kia Davidson could not pursue her PAGA claim on her own because the act only allows for “representative action” undertaken on behalf of the state to enforce the labor code. It goes to show that one should learn the rules before they complain.

Read the Law360 article


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