Arias v. Superior Court

Opinion

KENNARD, J.

We hold that an employee who, on behalf of himself and other employees, sues an employer under the unfair competition law (Bus. & Prof. Code, § 17200 et seq.) for Labor Code violations must satisfy class action requirements, but that those requirements need not be met when an employee’s representative action against an employer is seeking civil penalties under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.).

I

Jose A. Arias sued his former employer, Angelo Dairy, and others. In the first through sixth causes of action of the first amended…