One Year Anniversary: Felahy Employment Lawyers Secure $5,000,000.00 Class Action Settlement
September 17, 2018
The California Second District Court of Appeal Issues A Ruling On Who Shares In Awarded PAGA Penalties
March 5, 2019
The California Second District Court of Appeal recently held that an action to recover civil penalties under PAGA is fundamentally a law enforcement action designed to protect the public and not benefit private parties. Therefore, a penalty under the Labor Code Private Attorney General Act ("PAGA") is to be shared with the state and other affected employees. (See, Moorer v. Noble LA Events Inc. - filed Feb. 11, 2019, publication ordered Feb. 27, 2019, Second District, Div. Seven - 2019 S.O.S. 979.) In Moorer, the plaintiff argued that the LWDA was entitled to 75% of the awarded PAGA penalties and that the representative plaintiff employee was entitled to the entirety of the remaining 25% of the PAGA penalties for himself. However, the Court of Appeal ruled that Moorer’s position was contrary to the California Supreme Court’s rulings interpreting PAGA; and as a result, the Court of Appeal held that PAGA Civil Penalties must be distributed to all aggrieved employees.