CHELSEA HAMILTON V. WAL-MART STORES, INC., No. 19-56161 (9th Cir. 2022)
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Plaintiff brought five claims arising under the California Private Attorneys General Act (“PAGA”), all concerning alleged wage and hour violations, against Wal-Mart Stores, Inc. and Wal-Mart Associates, Inc. (collectively, “Walmart”). The district court dismissed some of Plaintiff’s PAGA claims on the ground that they were unmanageable and dismissed her remaining PAGA claims as a discovery sanction.
The Ninth Circuit reversed the district court’s dismissal. The court explained California’s Labor Code allows employees to sue an employer for violating provisions designed to protect the health, safety, and compensation of workers. Following the enactment of PAGA in 2004, employees may stand in the shoes of the Labor Commissioner and recover civil penalties for Labor Code violations. Sections 2699 9(a) and 2699.3 of PAGA contain requirements for such actions.
The court held that the recently decided Viking River Cruises, Inc. v. Moriana, — S. Ct. —, 2022 WL 2135491, at *3 (2022), case expressly foreclosed Walmart’s argument that Plaintiff was barred from pursuing her PAGA claims because she did not seek class certification under Rule 23. In addition, given their differing coverage, PAGA and Rule 23 are fully compatible and do not conflict for purposes of the first step of an Erie analysis. The court also rejected Walmart’s argument that the district court correctly rejected some of Plaintiff's PAGA claims as unmanageable under its inherent authority. The court held that Rule 26(a) applied to claims for damages. Plaintiff's PAGA claims seek civil penalties, not damages, so Rule 26(a) does not apply to her PAGA claims.
Court Description: California’s Private Attorneys General Act. The panel reversed the district court’s dismissal of Alyssa Hernandez’s California Private Attorney General Act (“PAGA”) claims, alleging wage and hour violations, against Wal-Mart Stores, Inc.; and remanded for further proceedings. The district court dismissed some of Hernandez’s PAGA claims on the ground that they were unmanageable and dismissed her remaining PAGA claims as a discovery sanction. California’s Labor Code allows employees to sue an employer for violating provisions designed to protect the health, safety, and compensation of workers. Following the enactment of PAGA in 2004, employees may stand in the shoes of the Labor Commissioner and recover civil penalties for Labor Code violations. Sections 2699(a) and 2699.3 of PAGA contain requirements for such actions. The panel first addressed the question whether, in addition to the presuit requirements listed in Cal. Labor Code section 2699.3, an aggrieved employee asserting a PAGA cause of action must also certify the requirements for class certification included in Fed. R. Civ. P. 23. The panel held that the recently decided Viking River Cruises, Inc. v. Moriana, — S. Ct. —, 2022 WL 2135491, at *3 (2022), case expressly foreclosed Walmart’s argument that Hernandez 4 HAMILTON V. WAL-MART STORES was barred from pursuing her PAGA claims because she did not seek class certification under Rule 23. In addition, given their differing coverage, PAGA and Rule 23 are fully compatible and do not conflict for purposes of the first step of an Erie analysis. The panel also rejected Walmart’s argument that the district court correctly rejected some of Hernandez’s PAGA claims as unmanageable under its inherent authority. The panel held that, in light of the structure and purpose of PAGA, imposing a manageability requirement in PAGA cases akin to that imposed under Rule 23(b)(3) would not constitute a reasonable response to a specific problem and would contradict California law by running afoul of the key features of PAGA actions. The panel concluded that an employee plaintiff need not comply with the Rule 23 requirements, including the “manageability” requirement, to assert a PAGA cause of action. The panel next addressed the question whether Hernandez’s PAGA claims were barred because of a failure sufficiently to disclose estimated damages under Fed. R. Civ. P. 26(a). The panel held that Rule 26(a) applied to claims for damages. Hernandez’s PAGA claims seek civil penalties, not damages, so Rule 26(a) does not apply to her PAGA claims. The panel addressed remaining claims raised on appeal in a concurrently filed memorandum disposition. HAMILTON V. WAL-MART STORES 5
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