In the wake of Viking River, plaintiffs have launched a new strategy, labeling their PAGA actions as "headless" to exclude arbitrable claims and evade arbitration.
Recent court decisions have favored the maintainability of these "headless" PAGA actions, which is increasingly becoming a trend in California litigation.
One-third of the recent PAGA actions filed in Los Angeles County exploit this strategy, challenging the enforceability of arbitration agreements.
The Balderas decision serves as a key precedent for plaintiffs attempting to bypass arbitration in representative PAGA actions under the Labor Code.
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