Balderas v. Fresh Start Harvesting, Inc.
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The case involves Lizbeth Balderas, a former employee of Fresh Start Harvesting, Inc., who filed a complaint for civil penalties under the California Labor Code Private Attorneys General Act of 2004 (PAGA) on behalf of herself and 500 other current and former employees. Balderas alleged that Fresh Start violated labor laws by not providing required meal and rest breaks, providing inaccurate wage statements, making untimely wage payments, and failing to pay wages at termination. Balderas did not file an individual claim but proceeded solely under PAGA, representing all aggrieved employees.
The trial court struck Balderas's complaint, ruling that she lacked standing to bring a representative PAGA action on behalf of other employees because she did not allege an individual claim in the action. The court relied on language from a United States Supreme Court decision that had incorrectly recited California law on PAGA standing.
The Court of Appeal of the State of California Second Appellate District Division Six reviewed the case. The court concluded that Balderas, as an alleged aggrieved employee who was subject to alleged Labor Code violations by Fresh Start, may bring a representative PAGA action on behalf of herself and other Fresh Start employees, even though she did not file an individual cause of action seeking individual relief for herself in this action. The court held that the trial court erred by relying on the United States Supreme Court decision, which was incorrect on PAGA standing requirements. The court reversed the order striking the pleading.
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