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
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