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Following Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court’s employee-friendly Private Attorneys General Act (PAGA) ruling earlier this year, employers must remain more diligent than ever to prevent and mitigate costly wage and hour litigation. Estrada eliminated one of employers’ central tools to curb sprawling PAGA claims: requesting dismissal based on the court’s inherent authority to strike unmanageable claims. This article explains existing procedures that remain available to employers to reduce wage and hour risks and limit PAGA actions.
Since PAGA took effect in 2004, trial courts have used their inherent authority to