The California Secretary of State recently announced that the California Fair Pay and Employer Accountability Act (FPEAA) has qualified for the November 2024 ballot. Nearly 1 million signatures were submitted in support of the Proposition. The FPEAA seeks to repeal California’s controversial Private Attorneys General Act (PAGA) and eliminate Labor Commissioner authority to assist private individuals with wage enforcement actions.
Meanwhile, California PAGA challenges continue with a petition for rehearing pending before the U.S. Supreme Court for Viking River Cruises, Inc. v. Moriana and review recently granted by the California Supreme Court in the case Adolph v. Uber Technologies, Inc. The Adolf decision will be one to watch for as the question before the Court – whether California law allows an aggrieved party who is forced into arbitration to nonetheless maintain standing to pursue the nonindividual aspect of the employee’s PAGA claim – could end up being a countermand to the Viking River holding.