PAGA claims brought under pre-reform PAGA must be brought within one year of a Labor Code violation experienced by the plaintiff and because a PAGA claim necessarily has both an individual and a non-individual component,...more
4/24/2025
/ Appeals ,
Arbitration ,
California ,
Employee Rights ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Motion to Dismiss ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Statute of Limitations
The Second District again held that issue preclusion barred plaintiff’s PAGA claim because he failed to establish any violation of the Labor Code and arbitral findings have a preclusive effect on a plaintiff’s standing in a...more
Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers....more
8/20/2024
/ Appeals ,
Appellate Courts ,
CA Supreme Court ,
California ,
Civil Monetary Penalty ,
Employees ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Public Entities ,
Statutory Interpretation
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
The Second District, following Adolph and not Viking River, confirms that a PAGA plaintiff does not lose standing to pursue a PAGA claim if they “did not file an individual cause of action seeking individual relief.”...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 first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a...more
1/12/2024
/ Arbitration ,
Arbitration Agreements ,
Iskanian v CLS Transportation ,
Labor Code ,
Labor Disputes ,
Motion to Compel ,
Poison Pill ,
Private Attorneys General Act (PAGA) ,
Regulatory Violations ,
Wage and Hour ,
Waivers
Seyfarth Synopsis: While Mr. Sinatra could get away with doing things his way, California law requires that employers provide employees facing the final curtain with specific paperwork and a check on their final day. ...more