Does an employee have the right to a jury trial in a PAGA suit? Not according to a recent California appellate panel decision in a suit brought by a cashier at Ralphs.
On February 18, 2022, the California Court of Appeal issued its decision in Jill LaFace v. Ralphs Grocery Company, Cal. App. 5th (2022), that provides important guidance in two areas.
The Court made clear that plaintiffs asserting a claim under the PAGA are not entitled to a jury trial. The Court affirmed the lower court’s ruling rejecting the plaintiff’s suitable seating claim. The Labor Code has a wide range of rights unknown at common law