Michael S. Kun, a Member of the Firm in the Labor and Employment practice, in the firm’s Los Angeles office, was quoted in Law360, in “9th Circ. Paves Way for PAGA Suits as Class Action Bypass,” by Aaron Vehling. (Read the full version-subscription required.)
Following is an excerpt:
For his part, Kun sees the decision’s incongruity with Concepcion as a key to the high court, and he said if the high court were to review it, there would be a significant chance the decision would not be upheld.
In the meantime, employers can do their best to stave off PAGA suits by following best practices.
“This decision only underscores the importance of reviewing employment practices to ensure they comply with California law in order to try to avoid claims in the first place and be in the best position possible to defend them if they are ever raised,” Kun said.