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California Worker Whose Individual Claim Is Time-Barred May Bring PAGA Suit

July 30, 2021

Via: SHRM
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An employee’s individual claim against her employer for a violation of the California Labor Code was time-barred, but she could still bring a representative action under the Private Attorneys General Act (PAGA), a California appeals court ruled.

The court based its decision on a 2020 California Supreme Court ruling (Kim v. Reins International California Inc.), which held that an employee who settles and dismisses individual labor code claims does not lose standing to pursue a PAGA claim.

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