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.