April 27, 2023

California Employers on Edge: Adolph v. Uber Technologies to be Heard on May. 9

[Correction: An earlier version of this post stated that oral argument is scheduled for August 7. That is the date by which the Supreme Court should issue its decision in the case]

Oral argument in Adolph v. Uber Technologies is scheduled for May 9, 2023. On that date, the California Supreme Court will hear arguments to determine if someone with an individual PAGA claim in arbitration can still serve as a representative on behalf of others for the broader PAGA claim. This will define the scope of PAGA waivers in arbitration agreements, which has been a constant and costly headache for employers due to the expensive penalties for wage-and-hour violations. The Adolph decision will significantly impact potential PAGA liability, but few expect the State Supreme Court to grant the relief California employers are hoping for.  The California Supreme Court has 90 days after oral argument to issue its decision.