Walgreens successfully enjoins state court suitable seating PAGA representative action

Client(s) Walgreen Co.

On June 22, 2017, Jones Day obtained a significant victory for its client, Walgreen Co., in a state court suitable seating PAGA representative action, prevailing on a motion to enjoin the entire action, and to enforce a settlement agreement against the named plaintiff.

In 2014, the plaintiff, a former Walgreens employee, filed suit against Walgreens alleging that Walgreens fails to provide its California employees with suitable seats, in violation of the applicable IWC wage order. The plaintiff is a member of a prior federal class action settlement, in which she released various Labor Code and wage order claims, and a claim for PAGA penalties against Walgreens. In light of the plaintiff's participation in the federal class action settlement, in February 2017, Walgreens reopened the federal action, and filed a motion in federal court seeking an order enjoining the state action, and enforcing the terms of the settlement agreement against the plaintiff. Judge Gutierrez of the Central District of California, granted Walgreens' motion in its entirety, and issued an order enjoining the state action.

Zamora v. Walgreen Co., Case No. 17-56049 (9th Cir.); George Wilson et al. v. Walgreen Co., Case No. 2:11-cv-07664 (C.D. Cal.)