Past Litigation

Amicus Briefs

Arias v. Superior Court (Angelo Dairy)
California Supreme Court
Filed May 1, 2008

Worksafe filed an amicus curiae brief with the California Supreme Court on behalf of the low-wage workers served by our clients, the Garment Worker Center, Inquilinos Unidos, and Maintenance Cooperation Trust Fund, arguing for the right to bring representative actions under the Unfair Competition Law (Bus. & Prof. Code, section 17200 et seq.) and the Labor Code Private Attorneys General Act (Lab. Code, section 2699 [PAGA]), to enforce workers’ rights under California wage/hour and workplace health and safety laws, without having to proceed by way of a class action.

On June 29, 2009, the California Supreme Court held that while class treatment was required under the Unfair Competition Law, it was not under PAGA.
Read the Arias amicus brief (PDF).

ATU Local 1756 v. Superior Court (First Transit)
California Supreme Court
Filed 11/27/2007

Worksafe joined as an amicus curiae on a brief in support of ATU Local 1756, to argue that a restrictive interpretation of Labor Code Private Attorneys General Act (PAGA) and the Unfair Competition Law (UCL) that prevents employees from assigning their right to bring actions under these laws to their unions would significantly interfere with the ability of legal services attorneys and unions to secure adequate remedies for low-wage and immigrant workers in cases involving both wage/hour and health and safety violations.

This case was decided by the California Supreme Court on June 29, 2009.  Unfortunately, the Court found that a labor union may not bring a representative action under PAGA or UCL on behalf of affected employees and that a representative action under the Unfair Competition Law must be brought as a class action.