PAGA reform was officially introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history, and Governor Newsom signed them into law...more
AB 2288 and SB 92 collectively amount to the most substantive changes ever to be seen to PAGA. The changes include numerous pro-employer provisions which seek to address longstanding concerns such as standing, penalties, and...more
6/25/2024
/ Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Standing ,
State Labor Laws ,
Statute of Limitations ,
Wage and Hour
Seyfarth Synopsis: PAGA reform has officially been introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history. The bills have...more
6/24/2024
/ California ,
Civil Monetary Penalty ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Standing ,
Statute of Limitations ,
Wage and Hour
Governor Newsom announced that a deal has been made to reform PAGA and take the PAGA initiative off the ballot in November. The Governor’s announcement provides some highlights of what the reform package will include;...more
Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted...more
Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA...more
Seyfarth Synopsis: The California Supreme Court addressed the split in appellate authority and held that trial courts do not have the inherent authority to strike a PAGA claim on manageability grounds....more
Seyfarth Synopsis: The California Supreme Court has held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court. Adolph v. Uber Technologies,...more
7/19/2023
/ Arbitration ,
Article III ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Standing ,
Uber ,
Viking River Cruises Inc v Moriana
Seyfarth Synopsis: The California Supreme Court held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court in Adolph v. Uber Technologies,...more
7/19/2023
/ Arbitration ,
Article III ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Standing ,
Uber ,
Viking River Cruises Inc v Moriana
Seyfarth Synopsis: Back in January 2020, a federal district court enjoined the State of California from enforcing AB 5 against interstate motor carriers. Now, in a split 2-1 decision, a Ninth Circuit panel has reversed the...more
Allstate Insurance Company “insured” a major victory last week in an off the clock class action pending in Los Angeles Superior Court, vindicating employers’ argument that plaintiffs cannot simply intone the magical...more
In a welcome decision for retailers, a federal district court in California, after granting the plaintiffs’ motion for class certification, granted Apple’s motion for summary judgment against the class, holding the time that...more
As most insurance industry employers are probably aware by now, the Department of Labor has proposed revisions to its regulations that seek to further limit the instances in which certain employees may qualify as exempt from...more
7/20/2015
/ Claims Adjusters ,
Classification ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Insurance Industry ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Salespersons ,
Unpaid Overtime ,
White-Collar Exemptions