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 a significant victory for employers, the California Supreme Court recently held that if an employer reasonably and in good faith believed it was providing complete and accurate wage statements in compliance with wage...more
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
After four long years of litigation, AB 51, intended to prohibit mandatory arbitration agreements, has been permanently enjoined. California companies may rejoice in a rare win allowing enforceable arbitration agreements to...more
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
Though you may still be on a sugar high from Halloween, the new year is fast approaching, and with it, the onset of several new California employment laws. Employers should prepare now by updating their handbooks for 2024....more
11/10/2023
/ Bereavement Leave ,
California ,
Employee Handbooks ,
Employee Training ,
New Legislation ,
NLRA ,
Non-Compete Agreements ,
Paid Sick Leave ,
Pregnancy ,
Reasonable Accommodation ,
State Labor Laws ,
Wage and Hour ,
Workplace Violence
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
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
Good news – employers may now argue that wage statement errors were not “willful” as a defense to wage statement claims.
Not everything from Naranjo v. Spectrum Security Services, Inc. was bad....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
Employers got a rare win in a regular rate case earlier this month. In Lemm v. Ecolab, Inc., the Second District cemented California’s adoption of the percentage of total earnings bonus exemption to the regular rate for...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
1/20/2023
/ Age Discrimination ,
Anti-Harassment Policies ,
Bereavement Leave ,
California ,
California Family Rights Act (CFRA) ,
Disability Discrimination ,
Employment Discrimination ,
Fair Chance Act ,
Fair Pay Act ,
Fair Workweek ,
FEHA ,
Lactation Accommodation ,
Minimum Wage ,
Over-Time ,
Paid Leave ,
Reasonable Accommodation ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Work Schedules ,
Workplace Safety
December has started, and the holiday season is officially here. While you drink your peppermint latte and regret Black-Friday splurges, consider these five tips to avoid commonplace mistakes made by employers in December:...more
Leave it to California courts to deliver another setback to employers right before the holidays. Near decade-old rounding rules were just dealt a hearty blow. Employers should immediately reconsider rounding policies....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
California minimum wage is set to increase on January 1, 2023. And, if inflation increases by 7% or more this fiscal year, there will be additional minimum wage obligations taking effect in the new year....more