Does any one have a guide or resource on defending employment class actions and Paga matters?
I’m a second year and feel lost at times. I’d like to take more initiative like I do with single plaintiff matters but I’m often stuck and waiting to check in with a partner for direction.

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Rutter Guide is helpful to me. I practice primarily in TX but occasionally get pulled into PAGA and class action matters in our CA office.

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The fact that they are casually giving you your first class or PAGA matter to defend by yourself with no guidance or supervision is wild.

As a plaintiff-side employment class action lawyer, a few random tips:

Try to obtain an individual settlement with the named plaintiff that releases their class or PAGA claims. It’s a great strategy, and one of my favorite plaintiff-side mentors said he would try it in every case if he were a class action defense lawyer. The rules on this are unique for PAGA, so research both. Read Viking river cruises and it’s progeny for PAGA.

Check to see if there are arbitration agreements. In a PAGA case, the case law on the effect of an arbitration agreement is complex since the supreme court’s decision in Viking river cruises. So again, catch up on that case law.

Look for motion to dismiss arguments that might enable you to get rid of the case before discovery, which can be complex and expensive.

Focus on variations in the class or PAGA collective that impede common treatment. The law on this subject is very different for class and PAGA. For class, the concepts are commonality and predominance. For PAGA, it’s manageability.

Good luck buddy

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