Adolph v. Uber Technologies

Issue

Whether an employee has standing to pursue, in court, California Private Attorneys General Act (PAGA) claims arising out of events involving other employees when his own individual claim has to go to arbitration instead.  

December 13, 2022

The Restaurant Law Center and the California Restaurant Association filed a brief, arguing that, in light of recent U.S. Supreme Court decisions, the California Supreme Court must stop the plaintiff’s attempt to seek a judicial rewrite of PAGA to evade arbitration agreements by providing standing for a plaintiff to pursue non-individual PAGA claims when his own individual PAGA claim must be arbitrated. We argue that the result sought by plaintiff is directly foreclosed by PAGA’s clear statutory text, runs afoul legislative intent and would further facilitate existing abuses of PAGA, and erodes established precedent and federal law.