California Workers Try to Avoid Arbitration With 'Headless PAGA'
That technique—often known as a “headless PAGA” case—is a bid to avoid forced arbitration by skipping individual claims in favor of filing a case only on behalf of an employee group. It was bolstered by a state appeals court’s Balderas v. Fresh Start Harvesting opinion, published in April, which held that an employee who doesn’t bring an individual claim can still bring a PAGA action for herself and other employees of a company.
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