The Ninth Circuit will review certification of a suitable seating class action filed against Wal-Mart under the Private Attorney General Act ("PAGA"). The action seeks nearly $150 million in penalties under PAGA for about 22,000 cashiers in California who claim they were not provided "suitable seating," as mandated by the Labor Code. The main issue on appeal is whether, as Wal-Mart advocates, the court should require more individualized proof from class members. Much like the prior Wal-Mart v. Dukes decision, this case could further shape the requirements for class action certification.