As California’s courts wrestle with the future of Private Attorneys General Act (PAGA) claims, a new front has opened in the legal war over arbitration: “headless” PAGA lawsuits—cases where workers drop their individual PAGA claims in an attempt to avoid arbitration and still pursue representative penalties on behalf of other employees.
But is that allowed? The answer now depends on when your PAGA claim was filed and where in California you’re suing.
What Is a Headless PAGA Claim?
Under PAGA, an employee may sue their employer “on behalf of themselves and other current or former employees” for civil penalties for Labor Code violations. Traditionally, workers have brought both:
- Individual PAGA claims (for violations they personally experienced)
- Non-individual PAGA claims (on behalf of coworkers)
But in recent years, employers have pushed to compel individual PAGA claims into arbitration, arguing that Viking River Cruises v. Moriana (2022) and Adolph v. Uber (2023) allow courts to stay or dismiss the rest.
So some plaintiffs tried a workaround: dismiss their individual PAGA claims entirely—and proceed only with the representative portion. That’s a headless PAGA action.
The Legal Fight: Are Headless Claims Allowed?
Leeper v. Shipt (2nd District – 2024): No, You Can’t Decapitate PAGA
In Leeper, the Second Appellate District (Los Angeles, Ventura, etc.) ruled that a plaintiff cannot proceed solely on non-individual claims under PAGA. The statute says workers can sue “on behalf of himself or herself and other employees.” Without the “head,” there’s no standing.
➡️ Key Holding:
PAGA does not authorize a private plaintiff to drop their individual claims and proceed solely as a representative.
The court dismissed the headless PAGA claim and ordered arbitration of the individual portion.
CRST Expedited, Inc. v. Superior Court (5th District – 2025): Yes, If It’s Pre-July 2024
But the Fifth Appellate District (covering Central Valley counties like Fresno and Kern) reached the opposite conclusion.
In CRST, the court allowed a headless PAGA claim to proceed—but only because the LWDA notice was filed before July 1, 2024, under the old statutory language.
➡️ Key Holding:
The statutory phrase “on behalf of himself or herself and others” is ambiguous and can be interpreted flexibly to allow representative claims even after dismissal of individual claims.
The July 1, 2024 Deadline Matters
The California Legislature recently amended PAGA. As of July 1, 2024, the law more clearly ties standing to “an aggrieved employee who suffered a Labor Code violation personally.”
Thus, headless PAGA lawsuits filed after July 1, 2024 are likely invalid statewide, even under the reasoning in CRST.
Geography Also Matters (for Now)
| Appellate District | Position on Headless PAGA |
|---|---|
| 2nd District (LA, Ventura) | ❌ Not permitted – Leeper |
| 5th District (Fresno, Bakersfield) | ✅ Permitted for pre-July 2024 cases – CRST |
| Other Districts | Undecided; split authority creates uncertainty |
Until the California Supreme Court resolves this split, workers in different counties may face different outcomes—even with similar facts.
What This Means for Workers
- Don’t rush to drop your individual claim.
Doing so may destroy your standing to proceed with a PAGA case—especially after July 1, 2024. - Be strategic about arbitration.
You may still have standing to pursue the group claim even if your individual claim goes to arbitration (Adolph v. Uber allows this). Consult with a skilled employment attorney before making procedural decisions. - Timing matters.
If your LWDA PAGA notice was filed before July 1, 2024, and you’re in a favorable district, you may be able to proceed with a headless PAGA suit—but that window is closing.
EFLL Can Help You Navigate the Chaos
At Employees First Labor Law, we’re on the front lines of PAGA litigation and arbitration defense. We’ve argued cases at every stage—from initial strategy to trial and appeal.
If your employer is using arbitration to block your claims—or you’re unsure how recent rulings impact your rights—talk to our legal team today. We’ll evaluate your case and give you a plan tailored to where, when, and how your claim was filed.
We’re Ready to Help
