LaCour v. Marshalls of California, LLC
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LaCour, a former Marshalls employee, filed suit under the Labor Code’s Private Attorneys General Act (PAGA) (Labor Code 2698) in January 2021. Marshalls argued that LaCour, having left Marshalls in May 2019, had only a year and 65 days to bring a claim and missed that deadline. Marshalls also argued that all allegations of violations pre-dating November 17, 2020, must be stricken because PAGA claims against Marshalls through that date were released in the settlement of an earlier class and PAGA action (Rodriguez).
The court held that California Rules of Court emergency rule 9, put into effect during the pandemic, validly extended the limitations period by six months and that LaCour could pursue claims for violations occurring after the Rodriguez settlement's effective date. The court rejected LaCour’s argument that the Rodriguez plaintiff had no authority to settle claims encompassed by LaCour’s notice to the Labor and Workforce Development Agency (LWDA); the Rodriguez LWDA notice letter listed several Labor Code provisions, including section 2802—which provided the legal basis for LaCour’s PAGA claims, even though, factually, the notices alleged different policies. The court then dismissed because LaCour was not a Marshalls's employee after November 17, 2019, and was not an “aggrieved employee” under PAGA and had no standing to sue.
The court of appeal vacated. LaCour’s PAGA complaint was timely filed but the trial court erred in giving claim preclusive effect to a federal court judgment in a prior PAGA case.
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