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ARTICLE · 21 JULY 2023

Stand And Deliver: PAGA Plaintiffs May Still Litigate Representative Claims Not Compelled Into Arbitration

K&L Gates
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Plaintiff Erik Adolph delivered food to customers through the Uber Eats platform as an independent contractor. As a condition of providing services, Adolph agreed to individually arbitrate work-related...

United StatesEmployment and HR
Penny Chen Fox
Penny Chen Fox
Neil A. Eddington
Neil A. Eddington

HIGHLIGHTS OF ADOLPH V. UBER TECH., INC.

  • PAGA representatives retain standing to prosecute non-individual PAGA claims in court, even when their individual PAGA claims are compelled into arbitration.
  • Courts may still stay non-individual PAGA claims pending resolution of the individual arbitration actions.
  • An arbitrator's finding regarding whether an employee is "aggrieved," and therefore can pursue non-individual PAGA claims following a stay, is binding on the court.

BACKGROUND

Plaintiff Erik Adolph delivered food to customers through the Uber Eats platform as an independent contractor. As a condition of providing services, Adolph agreed to individually arbitrate work-related claims against Uber, including those under the Private Attorneys General Act (PAGA).1

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