Headless PAGA Ruling Has Potential for Big Impact, Appeal

A popular method to avoid arbitration in California Private Attorneys General Act cases was hampered this week by an appellate ruling that employee-side attorneys say creates a split of authority over how the complaints can be filed.

These lawyers say the tension between Leeper v. Shipt and Balderas v. Fresh Start Harvesting may be enough to spark a fight that would reach the state’s Supreme Court over the viability of “headless” cases, where workers disclaim an individual stake and sue on behalf of a group of employees. Workers have used the technique to avoid the delays that accompany the arbitration ...