International labor and employment practice group and San Francisco office leader Cheryl Orr has been named to the National Law Journal’s 2022 “Employment Law Trailblazers List.” This recognition spotlights individuals who “are truly agents of change.” To select honorees, the National Law Journal reviewed submissions for an array of topics, vetted each submission and asked each honoree what has driven them to reach success.
In a feature profile, Cheryl explained how her representation of clients in Private Attorneys General Act (PAGA) actions is the natural evolution in California of her wage/hour class and collective action practice. “As the case law developed such that class action waivers could be enforced in arbitration agreements, but that the same protections did not extend to PAGA cases, there was an explosion of PAGA claims and actions,” she noted.
When asked what change has resulted from the concept, Cheryl stated, “As I specialize in wage/hour multi-plaintiff litigation, I was well situated to defend them. We had some success before the law settled in arbitrating PAGA suits. And to this day, often are still able to resolve them with the plaintiffs just walking away.” She added, “Other battles are harder fought and lead to challenges on manageability grounds or are favorably resolved in settlement.”
Cheryl also discussed the potential impact of a recent U.S. Supreme Court decision in a case that affects PAGA suits under the Federal Arbitration Act.
The full article is available for National Law Journal subscribers.