|Oct. 2, 2017 | www.fisherphillips.com|
The 9th Circuit Court of Appeals recently affirmed a lower court’s dismissal of “day of rest” claims brought by two former hourly employees against retail giant Nordstrom. The court determined that the employees were not aggrieved, a requirement for claims brought under California’s notorious Private Attorneys General Act, or PAGA, and further upheld the district court’s determination that they should not be permitted to substitute in an alleged aggrieved plaintiff to maintain their PAGA claims. The August 3 decision is good news for California employers and should provide a useful template for defending such cases in the future.