Wage-and-Hour Double Dip Rejected

Castillo v. Glenair, Inc., No. B278239 (D2d2 Apr. 16, 2018) 

Plaintiffs here are temps. They brought a wage-and-hour class action against their Temp Service and got a settlement. Now, they want to bring another class action against the Company they were tempted out. They allege the same claims, for the same work done, during the same time frame, based on a theory is that the Company was a joint employer with or alter ego or agent of the Service. But the court put the kybosh on that. 

Under Plaintiffs own theory, the Service and the Company were in a privy relationship. The privity means a judgment* against the Service is a judgment against the Company, which means claim preclusion bars this case. Or alternatively, Plaintiffs also claimed the Company acted as the Service’s agent. Since the release in the settlement released Service’s “agents,” it also released the claims against the Company.

Affirmed.

*Under Rule of Court 3.769(h), a class action settlement must be entered as a judgment.

Can't Waive the PAGA Till You're a PAG

Julian v. Glenair, Inc., No. B277064 (D2d4 Dec. 13, 2017)

By now, it’s well-settled that an employee’s claims under the Labor Code Private Attorney General Act, or PAGA, aren’t arbitrable, even if the employee’s contract says they are. But the Supreme Court decision that set that rule—Iskanian—had some dicta suggesting that its rationale did not apply to post-dispute agreements to arbitrate. The theory is, basically, that a PAGA claim belongs to the state, so the employee can’t agree to arbitrate it in an employment agreement. But once the employee is litigating on the state’s behalf she’s free to make any tactical decisions related to the litigation she deems advantageous, which includes the right, post dispute, to agree to send a case to arbitration.