Gary McLaughlin Quoted in Daily Journal on Calif. Supreme Court PAGA Case on Plaintiff’s Standing

Akin Gump labor and employment partner Gary McLaughlin has been quoted in the Daily Journal article “State high court to decide if PAGA plaintiff loses standing,” regarding a hearing before the California Supreme Court pertaining to the Private Attorneys General Act (PAGA). The case in question looks at the issue of whether a named plaintiff loses standing in a PAGA claim if their individual arbitration has been settled and dismissed without prejudice.

The article reports that lower courts have ruled the plaintiff in the case was no longer an aggrieved employee after settling his individual wage and hour claims against his employer, Reins International California. As a result, Reins International won summary adjudication to dismiss the PAGA claim.

In response to arguments before the court that a claim should still be allowed to proceed after a settlement or dismissal, McLaughlin said that would force attorneys to find a new named plaintiff that fits within PAGA’s one-year statute of limitations.

“It’s not always so easy for plaintiffs’ counsel to find someone,” McLaughlin said. “It depends on the employer and the size of the number of employees at issue. … So it starts to become harder to find a new plaintiff that fits that criteria and would have a timely claim.”