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ARTICLE · 18 MARCH 2022

Relation Back Doctrine Can Apply To PAGA Claims

Manatt, Phelps & Phillips, LLP
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Considering the intersection of the Private Attorneys General Act (PAGA) and the doctrine of relation back, a California appellate panel found that the doctrine can apply to the statute...

United StatesEmployment and HR
Manatt, Phelps & Phillips, LLP
Manatt, Phelps & Phillips, LLP

Considering the intersection of the Private Attorneys General Act (PAGA) and the doctrine of relation back, a California appellate panel found that the doctrine can apply to the statute, opening the door to a subsequent employee to move forward with a suit dating back to the date the initial complaint was filed.

Larry Van Steenhuyse worked for UBS Financial Services as a financial advisor. On December 22, 2017, he gave notice to UBS and the Labor and Workforce Development Agency (LWDA) that he intended to seek penalties under PAGA on behalf of himself and all aggrieved UBS financial advisors in California for alleged Labor Code violations.

He claimed that UBS failed to reimburse financial advisors for routinely incurred reasonable and necessary business expenses for travel, mileage, education, entertainment and marketing.

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