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There seemed to be some consensus that if a plaintiff could represent other employees for PAGA violations, even if the employee was required to arbitrate the individual claims, the representative claims should proceed only after the conclusion of the individual arbitration.
In Adolph Erik v. Uber Technologies, Inc.,Uber will try to convince California’s highest court that an employee arbitrating their individual PAGA claims does maintain standing to litigate representative PAGA claims on behalf of other aggrieved employees