LMRA Does Not Preempt California Wage and Hour Laws
Managing Class Action Litigation: A Pocket Guide for Judges

Issues on Review Stated in Review Granted in Amalgamated Transit Union

Last week, the Supreme Court granted review in Amalgamated Transit Union, Local 1756, AFL-CIO v. Superior Court (2007) 148 Cal.App.4th 39 (holding that an individual’s assignment of a cause of action to a third party does not carry with it the individual’s statutory right to sue in a representative capacity under PAGA or the Unfair Competition Law at Business and Professions Code § 17203). The court has now posted an official summary of issues on review:

(1) Does a worker’s assignment to the worker’s union of a cause of action for meal and rest period violations carry with it the worker’s right to sue in a representative capacity under the Labor Code Private Attorneys General Act of 2004 (Labor Code § 2698 et seq.) or the Unfair Competition Law (Business & Professions Code § 17200 et seq.)?

(2) Does Business and Professions Code section 17203, as amended by Proposition 64, which provides that representative claims may be brought only if the injured claimant “complies with Section 382 of the Code of Civil Procedure,” require that private representative claims meet the procedural requirements applicable to class action lawsuits?

The second issue is a particularly interesting one, and has the potential for much wider implications than the first issue.

Comments

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name is required. Email address will not be displayed with the comment.)