News & Analysis as of

PAGA

Key California Employment Law Cases: September 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour issues, arbitration, and employment discrimination based on marital status....more

California Responds to Increased Federal Immigration Enforcement Actions

by Stoel Rives LLP on

On October 5, 2017, California Governor Jerry Brown signed AB 450. With the passage of this bill, California becomes the first state in the nation to enact a law prohibiting employers from providing voluntary assistance to...more

PAGA Reform for Real? Three Different Versions of PAGA Reform Initiative Filed with California Attorney General

by Fisher Phillips on

Over the last several years, the level of employer complaints about PAGA has reached a deafening crescendo. For some time now, employers have expressed deep concern about abusive litigation tactics and “extortionate” PAGA...more

September 2017: The Top 10 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more

New California Law Imposes Obligations on Employers During Immigration Worksite Enforcement

by Fisher Phillips on

On October 5, Governor Brown signed AB 450, which will go into effect on January 1, 2018. Among other things, AB 450 prohibits employers from voluntary consenting to ICE access to the worksite without a judicial warrant,...more

9th Circuit Puts Mendoza v. Nordstrom Saga To Rest

by Fisher Phillips on

The 9th Circuit Court of Appeals recently affirmed a lower court’s dismissal of “day of rest” claims brought by two former hourly employees against retail giant Nordstrom. The court determined that the employees were not...more

Paltry Prerequisites for PAGA Penalty Paystub Plaintiffs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California employees who are denied adequate wage statements (“paystubs”) can sue for penalties. Paystub penalty plaintiffs generally must prove they suffered an “injury” caused by the employer’s “knowing...more

Why the Supreme Court’s “Big” Case on Class Action Waivers May Have Little Impact on Some Companies Including Those Using...

by Locke Lord LLP on

Tomorrow, October 2, the Supreme Court will hear argument on what many commentators are calling one of the biggest issues affecting companies in the past decade – whether mandatory arbitration clauses with class action...more

Judge OK’s $8.75 Million Postmates Settlement

by Fisher Phillips on

A federal judge in California recently gave his blessing to an $8.75 million settlement in the ongoing litigation by delivery drivers against the food courier service, Postmates. In the class action suit, which was filed in...more

A Look-In At The Halfway Point In The Critical GrubHub Trial

by Fisher Phillips on

As readers of this blog know, we are right in the midst of one of the most significant legal developments for the gig economy. For the first time, a judge is being asked to definitely decide at trial whether a typical...more

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

California Supreme Court Confirms that PAGA Plaintiffs Are Entitled to Broad Discovery of Other Employees’ Contact Information

by Foley & Lardner LLP on

California’s Private Attorneys General Act (PAGA) allows aggrieved employees to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. On July 13, 2017, the...more

Court Of Appeal Holds That Claims To Recover Wages Under Labor Code Section 558 Brought Through The Private Attorneys General Act...

In Esparza v. KS Industries, L.P., 2017 WL 3276363 (2017), the Fifth District Court of Appeal recently clarified the arbitrability of certain claims brought under the Private Attorneys General Act (“PAGA”). Previously, in...more

California Supreme Court gives PAGA plaintiffs broad right to employee contact information

by Dentons on

On July 13, 2017, the California Supreme Court issued its decision in Williams v. Superior Court (Marshalls of California), holding that in a representative action brought by an employee under the state's Private Attorneys...more

Key California Employment Law Cases: July 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour (payment of wages) and civil procedure (class and representative actions). Wage and Hour - Payment of Wages: Minnick v. Auto. Creations, Inc., 2017 WL...more

Fenwick Employment Brief - Summer 2017 Update

by Fenwick & West LLP on

California Legislative and Agency Update - Read about the latest California cities to increase hourly minimum wages, newly expanded transgender protections, criminal background check limitations and other changes in...more

Another Chapter in California’s PAGA Saga

Sounds like something our favorite attorney Bob Loblaw would be part of. In reality, the PAGA SAGA (for those of you without California employees) relates to PAGA, the acronym for California’s Private Attorneys’ General Act,...more

California Supreme Court endorses “fishing expedition” discovery under PAGA

In its recent decision concerning the proper scope of discovery under California’s Labor Code Private Attorneys General Act of 2004 – known as “PAGA” – the California Supreme Court authorized discovery just as broad as that...more

When Is a Civil Penalty Not a Civil Penalty?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs cannot circumvent arbitration agreements by characterizing claims for statutory damages as claims for civil penalties. The purported PAGA exemption from arbitration agreements applies only to...more

Top Ten List – Track These 10 Important Employment Bills as the California Legislative Year Comes to a Close

by Fisher Phillips on

When the Legislature reconvenes from its summer recess on August 21, it will have only a few short weeks to finish work on legislation for this year. All bills must be passed and sent to Governor Brown by September 15, who...more

California Supreme Court Issues Sharp Reminder About Privacy and Discovery

by McManis Faulkner on

On July 13, 2017, the California Supreme Court issued its opinion in the matter of Williams v. Superior Court (Marshalls of CA, LLC) (Case No. S227228). At first glance, the opinion – which holds that an employee who brings...more

The War Between PAGA and Arbitration in California Continues - This Time Employers Win

by Carlton Fields on

Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more

Esparza V. Ks Industries, L.P. – Separating PAGA & Unpaid Wage Claims – A Ray Of Sunshine?

by BakerHostetler on

We have been following how California courts deal with the intersection of Private Attorneys General Act (“PAGA”) claims and individual arbitration agreements after Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th...more

July 2017: The Top 12 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. July was no different,...more

California Vacation Vesting Ruling Highlights Importance of Clear Policy Language

by Carlton Fields on

Can your employees claim they are owed vacation pay from their first day at work? Last week, the California Court of Appeal reminded employers in California of the importance of a clear vacation policy to avoid that...more

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