On February 26, 2025, in Parra Rodriguez v. Packers Sanitation, Inc., the California Court of Appeal (Fourth Appellate District) issued the latest published decision addressing the practice of filing so-called “headless”...more
In yet another attempt to avoid arbitration agreements, plaintiffs’ lawyers in the wake of the blockbuster court decisions in Viking River Cruises, Inc. v. Moriana and Adolph v. Uber Technologies, Inc. began filing so-called...more
1/8/2025
/ Appeals ,
Arbitration Agreements ,
California ,
Civil Monetary Penalty ,
Class Action ,
Employee Rights ,
Employment Contract ,
Employment Litigation ,
Independent Contractors ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana
On June 27, 2024, the California Legislature passed AB 2288 and SB 92, compromise legislation that reformed the Private Attorneys General Act (PAGA) and averted a ballot measure that threatened to repeal the law entirely this...more
On June 27, 2024, by near-unanimous vote, the California Legislature passed two bills enacting much-needed reform to the Private Attorneys General Act (PAGA). We previously reported on the legislative compromise last week,...more
7/2/2024
/ Anti-Stacking Provisions ,
Audits ,
California ,
Compliance ,
Injunctive Relief ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Penalties ,
Policies and Procedures ,
Private Attorneys General Act (PAGA) ,
Standing ,
Statute of Limitations
Inspired by a push to repeal the Private Attorneys General Act (PAGA) by ballot measure (which we previously covered here and here), and at the urging of Governor Gavin Newsom, stakeholders have reached an agreement in...more
A recent unpublished California Court of Appeal decision, Hegemier v. A Better Life Recovery LLC, Cal. Ct. App., 4th Dist., No. G061892, demonstrates the potential consequence of drafting an arbitration agreement without...more
In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night.
As we reported...more
10/23/2023
/ Arbitration ,
Attorney's Fees ,
Cal Code of Civil Procedure ,
Coronavirus/COVID-19 ,
Damages ,
Employee Retention ,
Federal Arbitration Act ,
FEHA ,
Healthcare Workers ,
Labor Code ,
Marijuana ,
Minimum Wage ,
Non-Compete Agreements ,
Paid Sick Leave ,
Private Right of Action ,
Recreational Use ,
Reproductive Healthcare Issues ,
Retaliation ,
Temporary Layoffs
With Adolph v. Uber Technologies, Inc. in the books, it is now clear that Private Attorneys General Act (PAGA) plaintiffs do not lose standing to pursue representative claims in court when their individual PAGA claims are...more
As we have written here on multiple occasions, the Private Attorneys General Act (PAGA) disadvantages employers in several ways. Despite permitting recovery similar to what might be obtained in a class action, class...more
In the first ruling of its kind, the California Court of Appeal (4th Dist.) recently ruled that a plaintiff may pursue penalties under the Private Attorneys General Act (PAGA) for alleged violations of California’s sick pay...more
Earlier this month, the California Court of Appeal (2d Dist.) ruled that issue preclusion bars a derivative Private Attorneys General Act (PAGA) claim where the plaintiff litigates individual Labor Code claims in arbitration...more
2/28/2023
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Cal Code of Civil Procedure ,
California ,
Federal Arbitration Act ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
U-Haul ,
Viking River Cruises