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Employer Liability Issues California Class Action

Perkins Coie

California Significantly Amends Private Attorneys’ General Act

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Over the years, California’s Private Attorneys General Act of 2004 (PAGA) has provided a procedurally convenient means for employees to seek expansive penalties for employers’ alleged violations of California’s very technical...more

McDermott Will & Emery

California Legislature Reaches Compromise on PAGA

In a last-minute deal to avoid another controversial ballot initiative, the California legislature finalized and passed a compromise to reform the Private Attorneys General Act (PAGA), encompassing the most significant...more

CDF Labor Law LLP

Deal Reached on Proposed PAGA Amendments to Avert a November Vote on PAGA Repeal

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Yesterday, California Governor Gavin Newsom announced that labor and business groups concluded their ongoing negotiations and reached an agreement to reform California’s Private Attorneys General Act (PAGA). The agreement is...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Rules That Only Individual PAGA Claims Can Be Compelled to Arbitration

On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macy’s West Stores, after the employer appealed the district court’s decision ordering arbitration of both an employee’s individual and non-individual claims under...more

ArentFox Schiff

ArentFox Schiff's 2023 Class Action Year in Review

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ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Applies Adolph, Vacating Lower Court’s Dismissal of Employee’s Nonindividual PAGA Claims

On February 12, 2024, the Ninth Circuit in Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) vacated a district court’s dismissal of a former employee’s nonindividual PAGA claims and remanded the nonindividual...more

Farella Braun + Martel LLP

Trial Courts’ Tool Box Doesn’t Include PAGA Manageability Authority

In Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court jump-started 2024 with a boon to employees, ending trial courts’ inherent authority to dismiss unmanageable claims under the Private Attorneys’ General...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Decision Limits Manageability Dismissals for PAGA Claims

For companies doing business in California, it’s important to be aware of the January 18, 2024 California Supreme Court decision in Estrada v. Royalty Carpet Mills, Inc.*, which examined whether trial courts can strike PAGA...more

Epstein Becker & Green

California Supreme Court’s Estrada Decision Leaves Employers with a Wide Array of Tools to Attack PAGA Actions – Including Seeking...

Epstein Becker & Green on

On January 18, 2024, the California Supreme Court issued its much-anticipated decision in Estrada v. Royalty Carpet Mills, resolving a dispute among the appellate courts and concluding that Private Attorneys General Act...more

CDF Labor Law LLP

Cal. Supreme Court Provides Guidance on How to Limit Overbroad PAGA Claims

CDF Labor Law LLP on

On January 18, 2024, the California Supreme Court issued its opinion in Estrada v. Royalty Carpet Mills, Inc., concluding that trial courts do not have inherent authority to strike a PAGA claim on the grounds that it is...more

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

CDF Labor Law LLP on

A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

CDF Labor Law LLP

[Webinar] When to Arbitrate PAGA Claims: Insights from Adolph v. Uber - September 26th, 10:00 am - 11:15 am PT

CDF Labor Law LLP on

Join us on September 26 for a comprehensive webinar hosted by CDF as we delve into the crucial subject of arbitrating PAGA claims, exploring its implications following the California Supreme Court's landmark decision in...more

Epstein Becker & Green

Will 2024 Be the Year California Voters Repeal PAGA?

Employers with operations both large and small in California are all too familiar with California’s Private Attorneys General Act (“PAGA”), the controversial 2004 statute that permits a single employee to stand in the shoes...more

Sheppard Mullin Richter & Hampton LLP

Home Depot Files Opening Brief in California Supreme Court Case Set to Determine Validity of Time Clock Rounding

As we wrote about previously here, in October 2022, the Sixth District of the California Court of Appeal in Camp v. Home Depot U.S.A., Inc., 84 Cal.App.5th 638 (2022), ignored a decade of precedent and found Home Depot’s...more

Jenner & Block

New Path Forward for Employers in PAGA Suits

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The California Private Attorneys General Act (“PAGA”) allows aggrieved employees to file lawsuits to recover civil penalties for Labor Code violations on behalf of themselves, other employees, and the state of California...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Limits the Permissibility of Time Rounding

Rounding is the practice of capturing time entries on a time clock and converting them to the closest five, ten, or fifteen minute equivalent. For example, both entries at 8:58 and 9:04 may be converted to 9:00 a.m. A recent...more

Sheppard Mullin Richter & Hampton LLP

Time Is Not Always Money: Ninth Circuit Holds That Pre-Employment Drug Testing Is Not Compensable Under California Law

On June 13, 2022, the Ninth Circuit Court of Appeals held in Johnson v. WinCo Foods Holdings, Inc, et al. that class members who were not yet employed by WinCo were not entitled to compensation for the time required to take a...more

Bradley Arant Boult Cummings LLP

Wave Goodbye to Waivers Under California’s PAGA? Not So Fast, Says the Supreme Court

California is complicated for employers — and a recent case, Viking River Cruises, Inc. v. Moriana, is just one more example. The Private Attorneys General Act of 2004 (PAGA) authorized California employees to sue employers...more

Sheppard Mullin Richter & Hampton LLP

Split of Authority Emerges Regarding Whether Employers Can Dismiss PAGA Lawsuits on Manageability Grounds

On March 23, 2022, the California Court of Appeal for the Fourth District in Estrada v. Royalty Carpet Mills, Inc., ruled that courts do not have authority to strike a claim under the Private Attorneys General Act (“PAGA”)...more

Proskauer - California Employment Law

California Employment Law Notes - March 2022

California Relaxes Standard For Proving Whistleblower Claims - Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) - Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes...more

Sheppard Mullin Richter & Hampton LLP

Employers May Face an Expanded Liability Period in PAGA Suits Under the Relation Back Doctrine

On February 7, 2022 a California Court of Appeal issued its decision in Hutcheson v. The Superior Court of Alameda County (UBS Financial Services, Inc.). The case addresses the relation back doctrine in the context of a...more

Payne & Fears

Key California Employment Law Cases: June 2020

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Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary:  Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more

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