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Employee Who Settled Individual Claims Can Bring PAGA Enforcement Action

August 30, 2022

Via: SHRM

An employee who settled individual claims against her employer for alleged labor code violations was not subsequently barred from bringing a Private Attorneys General Act (PAGA) enforcement action against the employer for the same labor code violations, even though—prior to settlement—the employee could have added the PAGA claims to the existing action, a California appeals court ruled.

Because the two actions involve different claims for different harms and because the state was not a party to the first action, the doctrine known as “claim preclusion” did not mandate dismissal of the PAGA claims, the court said.

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