LaborEmploymentLawblog.com
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Employment Law Lawyer & Attorney : Sheppard Mullin : Labor Employment Law Blog
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Excerpted from the website:
- California Court of Appeal Limits the Ability of Unions to Sue On Behalf of Union Members For Unfair Competition Law and Private Attorneys General Act Claims
- On February 28, 2007, the California Court of Appeal held that employees' ability to sue employers collectively under the Unfair Competition Law ("UCL") and the Private Attorneys General Act of 2004 ("PAGA") cannot be assigned to labor unions. The Court further held that UCL representative actions must meet the procedural requirements established for class action lawsuits. In Amalgamated Transit Union Local 1756 v. Superior Court, L.A.S.C. B191879, two labor unions that represent mechanics and transit operators filed a lawsuit on behalf of their members alleging that the defendant-employers had committed meal and rest period violations, failed to pay wages, and violated the UCL. The unions also requested injunctive relief and restitution under the UCL and PAGA. The lawsuit was brought as a representative action under the UCL and PAGA, rather than as a class action lawsuit.
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