Plaintiff’s Motion for Preliminary Approval of Class Action Settlement is granted.
Aggrieved employees in a PAGA action may not opt out of a PAGA settlement, and are bound by the PAGA release. Thus, in an action asserting both class and PAGA claims, employees may opt out only from participating in the settlement of the class claims, not the settlement of the PAGA claims. As a result, the parties here must include any putative class members who opt out to still be part of the PAGA portion of the settlement and to receive their share of the $6,250 PAGA payment allocated to the aggrieved employees. The Motion for Final Approval will have to reflect such participation from any employees who opt out.
A Final Approval Hearing is set for July 23, 2021 at 10:00 a.m. All papers in support of the Final Approval Hearing, including detailed hourly breakdowns of plaintiff’s attorneys to support a lodestar cross-check, detailed plaintiff attorney cost breakdowns, an Administrator declaration and inv
Hearing Date
February 26, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
Plaintiff’s Motion for Preliminary Approval of Class Action Settlement is granted.
Aggrieved employees in a PAGA action may not opt out of a PAGA settlement, and are bound by the PAGA release. Thus, in an action asserting both class and PAGA claims, employees may opt out only from participating in the settlement of the class claims, not the settlement of the PAGA claims. As a result, the parties here must include any putative class members who opt out to still be part of the PAGA portion of the settlement and to receive their share of the $6,250 PAGA payment allocated to the aggrieved employees. The Motion for Final Approval will have to reflect such participation from any employees who opt out.
A Final Approval Hearing is set for July 23, 2021 at 10:00 a.m. All papers in support of the Final Approval Hearing, including detailed hourly breakdowns of plaintiff’s attorneys to support a lodestar cross-check, detailed plaintiff attorney cost breakdowns, an Administrator declaration and inv