Adolph v. Uber Technologies, Inc.

Court: Supreme Court of California

Date: December 20, 2022

Issue on Appeal: Whether a plaintiff retains standing to pursue representative claims under California’s Private Attorneys General Act (PAGA) after their individual PAGA claim is compelled to arbitration.

RLC’s Position: The RLC argues that a plaintiff must maintain a personal stake in the litigation to have standing under PAGA. Once an individual PAGA claim is compelled to arbitration, the plaintiff is no longer an “aggrieved employee” with standing to pursue representative claims in court. Allowing plaintiffs without a personal stake to proceed would expand PAGA beyond its statutory limits, encourage lawyer-driven litigation, and increase costly, high-volume claims that undermine the efficiency of arbitration and harm both employers and employees.

Other Amici: National Retail Federation.

Counsel: Aileen M. McGrath, Rachel O. Kane, and Jonathan P. Slowik, Akin Gump Strauss Hauer & Feld LLP.