Daily Journal: Momentum Favors Uber Driver on PAGA Standing Issue

May 04, 2023

The California Supreme Court will hear arguments next week over whether workers who arbitrate their claims also have standing to assert Private Attorneys General Act (PAGA) claims on behalf of fellow employees. Former Uber driver Erik Adolph claimed that he and other uber drivers were misclassified as independent contractors by the company. Apalla Chopra, co-chair of the Litigation Department at O’Melveny & Myers LLP, filed an amicus brief on behalf of the Employers Group and the California Employment Law Council contending that more “shakedown” PAGA suits would occur if the court sides with Adolph. “Under Viking River, litigation is at least limited to cases involving plaintiffs with an actual interest in the outcome of the case,” Chopra wrote. “But under plaintiff’s view, that interest would no longer be required — opening the door to ever-more-abusive litigation with only nominal clients.” 

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