The PAGA reform caps penalties at 15% or 30% for employers that take “all reasonable steps” to comply with the law. This cap is especially meaningful when plaintiffs demand seven figures for alleged PAGA violations. This...more
The comprehensive reform of California’s Private Attorneys General Act is now the law. The PAGA reform (AB 2288 and SB 92) was a result of an agreement approved by Governor Newsom that removed the vote on the repeal of PAGA...more
7/10/2024
/ Anti-Stacking Provisions ,
California ,
Employment Litigation ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Labor Law Violations ,
Labor Reform ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Statute of Limitations ,
Wage and Hour ,
Wage Statements
In Balderas v. Fresh Start Harvesting, Inc., 101 Cal. App. 5th 533 (2024), the plaintiff sued her former employer on behalf of other employees but not in her individual capacity (that is, she brought only a representative...more
The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...more
2/12/2024
/ Bereavement Leave ,
California ,
Employment Discrimination ,
Fair Pay Act ,
Fair Workweek ,
FEHA ,
Independent Contractors ,
Lactation Accommodation ,
Minimum Wage ,
Non-Compete Agreements ,
Over-Time ,
Paid Family Leave Law ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Work Schedules ,
Workplace Safety
In a blow for employers, the California Supreme Court held that trial courts may not strike PAGA claims on manageability grounds.
The Backdrop on PAGA Manageability-
PAGA trials are a collection of mini trials, as...more
Portions of employer liability in California PAGA actions are dischargeable in bankruptcy under a bankruptcy court decision issued this summer. Specifically, employers’ liability for the 25% share of PAGA penalties to be...more
The United States Supreme Court in Viking River Cruises, Inc. v. Moriana divided PAGA claims into two buckets: (1) individual PAGA claims; and (2) representative PAGA claims (a claim somewhat akin to a class action). The U.S....more
Yes, you can now be sued for sick pay violations (makes us sick too). In Wood v. Kaiser Foundation Hospitals, the Court analyzed the statutory framework and legislative history of the sick pay statutes and ruled that...more
Courts are split on whether to stay or dismiss representative PAGA claims after individual PAGA claims are compelled to arbitration. However, assuming the Court stays the representative PAGA claims or even allows the...more
The California Supreme Court granted review of Adolph v. Uber Technologies, Inc. (“Adolph”) in July 2022. The case calls into question whether a PAGA representative maintains standing for the representative portion of their...more
The California Court of Appeal dealt another blow to California employers—employees who’s individual PAGA claims are compelled to arbitration now maintain standing to bring their representative PAGA claims in court....more
Employers can celebrate a common-sense win for suitable seating PAGA claims—store greeters generally do not need to be provided seating. Last week, a California Superior Court held that even though significant job tasks of...more
In a much-needed win for employers, the U.S. Supreme Court has ruled that waivers of employees’ individual claims under California’s Private Attorneys General Act of 2004 (PAGA) are enforceable. The court’s decision in Viking...more
California employers now face derivative liability for failing to list premium payments for meal periods or rest breaks on their wage statements, as well as for failing to pay all premiums timely upon separation.
...more