The Ninth Circuit Court rejects the attempt of an employee to intervene in another employee’s suit under California’s Labor Code Private Attorneys General Act (PAGA).
Background: Carolyn Callahan sued her employer, Brookdale Senior Living Communities, under California’s Labor Code Private Attorneys General Act (PAGA). PAGA allows employees alleging violations of the state’s Labor Code to bring an action for civil penalties on behalf of the state. Callahan and Brookdale ultimately reached a settlement of the PAGA claim, under which Brookdale would pay a total of $920,000.
Michelle Neverson, also a Brookdale employee, had filed her own PAGA action against Brookdale. She moved to intervene in the Callahan action in order to challenge the parties' settlement. The district court denied her motion and subsequently approved the settlement. Neverson appealed.
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