Rare as a unicorn: a PAGA case favorable for employers

A California truck driver recently filed a claim against his employer under the state's Private Attorneys General Act (PAGA) containing the usual allegations: meal and rest period violations, failure to provide accurate wage statements, and failure to pay wages owed upon termination. When a previous class action filed by another employee asserting the same claims was settled, the truck driver thought he could save his claims by opting out of the settlement. His attempt didn't go as planned, however, resulting in that rarest of beasts: a PAGA outcome in the employer's favor.

The usual: Employee files PAGA claim against employer

Richard Robinson worked as a truck driver for Southern Counties Oil from February 4, 2015, through June 14, 2017. In August 2018, after filing the required notice with the California Labor and Workforce Development Agency, he filed an action on behalf of himself and other aggrieved employees under the PAGA. His complaint alleged Southern Counties (1) denied him and other aggrieved employees meal and rest breaks and therefore also (2) failed to pay timely wages, furnish complete and accurate wage statements, and pay all wages owed upon termination. A common refrain indeed.