In December, Lauren Teukolsky was quoted in a Daily Journal article discussing the future of California’s Private Attorneys General Act (PAGA) in 2023.
PAGA is a California labor law that allows workers to sue their employers for labor violations on behalf of the state. In 2022, the U.S. Supreme Court’s ruling in Viking River Cruises v. Moriana was believed by some to be a victory for employers, preventing employees from asserting PAGA claims affecting multiple employees. However, according to the article, research conducted by Ms. Teukolsky in the aftermath of Viking shows employees have fared well in California state courts:
“Superior court judges have rejected defense motions to dismiss PAGA claims for a plaintiff’s co-workers 92% of the time even as they have referred individual claims to arbitration, according to records compiled by Lauren K. Teukolsky of the plaintiff’s firm Teukolsky Law APC. Just six PAGA cases have been dismissed in state court in what she referred to as the ‘full Alito.’”
In federal courts, the picture painted by Ms. Teukolsky’s research is not as encouraging for workers. The article states:
“Employers have had a lot more success in federal court, where judges have dismissed PAGA claims six of 11 times, she added. But the vast majority of cases – 75, Teukolsky said – have been considered in state court.”
Ms. Teukolsky previously discussed the implications of Viking River on panels organized by the Los Angeles County Bar Association, the California Employment Lawyers Association, and the College of Labor and Employment Lawyers, the preeminent peer-selected organization of labor and employment lawyers in the United States. She is also frequently cited in news publications for her commentary on developments in employment law, including a June 2022 Bloomberg Law article that featured her commentary on Viking River. To learn more about Ms. Teukolsky’s experience, click here.
To read the article in its entirety, click here. If you believe you’ve been treated unlawfully in the workplace and want to get in touch with our office, click here.
Lauren Teukolsky is the founder and owner of Teukolsky Law, A Professional Corporation.