LaFace

FACTS AND PROCEDURAL HISTORY

The Private Attorneys General Act (Lab. Code, § 2698, et seq. (PAGA)) allows employees to bring a civil action for penalties against their employer on behalf of themselves and other current and former “aggrieved” employees for Labor Code-related violations. 2 (§ 2699, subds. (a),(f).) Appellant Jill La Face worked as a cashier at a store owned by respondent Ralphs Grocery Company. She brought a PAGA action against Ralphs on behalf of herself and other current and former Ralphs cashiers, alleging that Ralphs violated an Industrial Welfare Commission (IWC) wage order that required employers to provide suitable seating when the nature of the work reasonably permitted the use of seats, or, for a job where standing was required, to provide seating for employee use when their use did not interfere with an employee’s duties.

Plaintiff and appellant Jill La Face died while this appeal was pending and before her appellant’s reply brief could be filed. Appellant’s counsel filed a reply brief on her behalf, prompting both respondent’s motion to strike the reply brief and a motion by appellant’s counsel to substitute another former Ralphs employee as the…