Lauren Teukolsky will speak on a Beverly Hills Bar Association (BHBA) webinar on August 22 on the future of California’s Private Attorneys General Act (PAGA) following the state’s highly anticipated Supreme Court ruling in Adolph v. Uber Technologies, Inc.. Chris Jalian, a Partner at Paul Hastings, LLP, will join Ms. Teukolsky on the webinar. Nazgole Hashemi, Co-Founder of LegalAxxis, Inc., will serve as moderator for the event.
The webinar will examine what the Adolph v. Uber ruling means for employees and employers, with Ms. Teukolsky representing the employees’ perspective and Mr. Jalian representing the employers’ perspective. In the ruling, the Court held that California’s workers could continue to pursue PAGA labor claims on behalf of their coworkers even if their individual labor claims were forced into arbitration. Experts considered the ruling to be a big win for the state’s workers.
Ms. Teukolsky’s commentary on Adolph v. Uber was previously featured in several articles by Bloomberg Law and Law.com.
The BHBA’s Labor and Employment section will present the webinar. The section provides a forum for labor and employment attorneys and neutrals to network, share ideas, and learn about the latest issues and trends in the field.
The webinar will take place on Tuesday, August 22 from 12:30 pm to 1:30 pm PT via ZOOM. To register, click here.
Lauren Teukolsky Quoted by Bloomberg Law and Law.com on long-awaited CA Supreme Court Ruling in Adoph v. Uber
Lauren Teukolsky was quoted by Bloomberg Law and Law.com in a pair of articles this week on the CA Supreme Court’s Monday decision in Adolph v. Uber Technologies, Inc.. In the highly anticipated ruling, the Court held that the state’s workers could continue to pursue representative PAGA labor claims even if their individual labor claims were forced into arbitration. The Court’s ruling is considered a huge win for California’s workers.
PAGA (Private Attorneys General Act) is a state law that authorizes employees to collect civil penalties for violations against themselves and their coworkers on behalf of California’s Labor Commissioner, which has struggled to manage a backlog of cases for the past several decades.
Arbitration is a private dispute resolution process that overwhelmingly favors employers and shields corporations from public scrutiny and accountability. Employers frequently require their employees to sign agreements stipulating that all claims made by them will be resolved in private arbitration as opposed to being litigated through the courts, a process that is public and more favorable to workers.
A ruling in Uber’s favor would have made it very difficult to bring PAGA cases forward – due to the prevalence of arbitration agreements – and would have seriously eroded workers’ ability to enforce the state’s labor laws.
Uber’s lawyers have indicated that the company is considering appealing the Court’s decision. According to analysis Ms. Teukolsky published on LinkedIn, the U.S. Supreme Court is unlikely to hear such an appeal, especially in light of its 2022 decision in Viking River Cruises, Inc. v. Moriana. She said, “It's unlikely SCOTUS will hear a case from a state supreme court involving entirely state-law issues; there must a federal question involved.”
Ms. Teukolsky has represented workers for over two decades and her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times.
To access the Bloomberg Law article in its entirety, click here. To access the Law.com article in its entirety, click here.
Lauren Teukolsky’s commentary was featured this week in a Bloomberg Law article on a pending case before the California Supreme Court, Adoph v. Uber Techs, Inc. The case is being closely monitored by both employee-side and management-side attorneys because of its potential ramifications for PAGA (Private Attorneys General Act) litigation.
In the case, California’s highest court will decide whether aggrieved employees maintain standing to bring “non-individual” PAGA claims against their employers on behalf of similarly aggrieved employees when their individual claims are sent to arbitration, a private, quasi-court forum that is favored by employers.
If the Court rules that such employees maintain their standing, it will clear the way for many employees to continue enforcing the state’s labor laws through PAGA, a 2004 state law that authorizes employees to collect civil penalties for violations against themselves and their coworkers on behalf of California’s Labor Commissioner, which has struggled to manage a backlog of cases for the past several decades.
If the Court rules in Uber’s favor, the outlook for the state’s employees would not be so favorable. The Bloomberg Law article states:
“A ruling in favor of Uber allowing claims to be split into individual and non-individual components could make it more difficult to bring PAGA cases forward, said Lauren Teukolsky, a plaintiff’s lawyer and founder of Teukolsky Law in Pasadena, Calif.
‘It’s going to make PAGA litigation much more cumbersome,’ she said. Teukolsky expects the court to rule this summer or in early fall.”
Ms. Teukolsky also discussed why forcing employees to arbitrate claims is detrimental to them:
“Teukolsky said that arbitration comes at a cost for employees because they waive their civil rights, such as the right to a jury trial and the right to an appeal, when they are asked to sign an arbitration agreement,” the article states.
The case follows the U.S. Supreme Court’s 2022 decision in Viking River Cruises, Inc. v. Moriana in which a concurring opinion by Justice Sonia Sotomayor said that California courts should have the final say in whether employers can force arbitration for representative claims.
To read the article in its entirety, click here.
Lauren Teukolsky is the founder and owner of Teukolsky Law, A Professional Corporation.