Split 9th Circuit Revives Worker’s Class Wage, UCL And PAGA Claims

Mealey's (June 14, 2021, 12:15 PM EDT) -- PASADENA, Calif. — A divided Ninth Circuit U.S. Court of Appeals panel on June 9 ruled that a trial court abused its discretion by improperly evaluating e factors set out in Forman v. Davis when it struck a former employee’s class definition in his wage-and-hour suit without leave to amend a second time and wrongly found that the worker did not state claims for wage violations under California law; as a result of those findings, the panel further determined that the dismissal of the unfair competition law (UCL) and Private Attorneys General Act (PAGA) claims was no longer valid....