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ARTICLE · 09 NOVEMBER 2026

“Headless” PAGA Claims Get Their Day: Leeper Set For November 3

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The California Supreme Court will hear oral argument in Leeper v. Shipt, Inc. on November 3, 2026, addressing whether plaintiffs can avoid arbitration agreements by filing "headless" PAGA claims that exclude individual components. The case centers on Christina Leeper's strategic decision to plead only non-individual PAGA claims against Shipt for alleged worker misclassification, raising critical questions about the structure and arbitrability of PAGA actions.

United StatesEmployment and HR
Philippe Lebel
Philippe Lebel
Jennifer J. McDermott
Jennifer J. McDermott
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It’s official: The California Supreme Court will hear oral argument in Leeper v. Shipt, Inc. on Tuesday, November 3, 2026. The Court’s newly released calendar lists Leeper as the second case in its 9:00 a.m. session in San Francisco.

As we’ve previously discussed here, here, and here, Leeper concerns so-called “headless” PAGA claims. Christina Leeper alleged that Shipt misclassified workers as independent contractors but expressly pleaded only non-individual PAGA claims. Under her arbitration agreement, Shipt could compel arbitration of her individual PAGA claim, but not the non-individual claims on behalf of other workers. Leeper’s strategy: Leave out the individual claim and keep the case in court.

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