News & Analysis as of

Class Action Employer Liability Issues

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
BakerHostetler

It’s Settled: A PAGA Plaintiff Has No Right to Intervene, Vacate or Object to Another PAGA Plaintiff’s Settlement, Affirms the...

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In a welcome win for employers, the California Supreme Court recently blocked a PAGA plaintiff’s attempt to intervene and object to another PAGA plaintiff’s proposed settlement as a matter of right, in Turrieta v. Lyft, Inc.,...more

Fisher Phillips

California Supreme Court Rules Public Employers Are Exempt from PAGA: What Employers Need to Know + 4 Practical Tips

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The California Supreme Court just ruled that public employers are not subject to civil penalties under the state’s Private Attorneys General Act of 2004 (PAGA). In a pivotal decision, the court held that public entities,...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

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A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

Perkins Coie

California Significantly Amends Private Attorneys’ General Act

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Over the years, California’s Private Attorneys General Act of 2004 (PAGA) has provided a procedurally convenient means for employees to seek expansive penalties for employers’ alleged violations of California’s very technical...more

BCLP

California Private Attorneys’ General Act (PAGA) Receives Significant Overhaul

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California Governor Gavin Newsom signed legislation into law, which codifies significant reforms to the Private Attorneys’ General Act (PAGA). The emergency legislation, which is effective on the date of the Governor’s...more

BakerHostetler

PAGA Reforms Usher in a New Era of California Wage and Hour Litigation

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On July 1, following the California Legislature’s unanimous passage, Governor Newsom signed SB-92 and AB-2288, which drastically reform California’s Private Attorneys General Act (PAGA). Most of the reforms apply to civil...more

Epstein Becker & Green

Caution - Employers Merge Ahead: Massachusetts Holding Endorses Potential Liability for “Joint Employers”

The Massachusetts appellate court decision in Tran v. Jennings Road Management, Corp., et al, gave the green light to an employee to pursue class action claims against her direct employer as well as a separate management...more

McDermott Will & Emery

California Legislature Reaches Compromise on PAGA

In a last-minute deal to avoid another controversial ballot initiative, the California legislature finalized and passed a compromise to reform the Private Attorneys General Act (PAGA), encompassing the most significant...more

McGuireWoods LLP

California’s Amended PAGA Statute Eases Burdens on Employers

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The California Legislature passed legislation on June 27, 2024, representing a significant overhaul of the Labor Code Private Attorneys General Act of 2004 (PAGA). PAGA permits a current or former employee to pursue an action...more

CDF Labor Law LLP

Deal Reached on Proposed PAGA Amendments to Avert a November Vote on PAGA Repeal

CDF Labor Law LLP on

Yesterday, California Governor Gavin Newsom announced that labor and business groups concluded their ongoing negotiations and reached an agreement to reform California’s Private Attorneys General Act (PAGA). The agreement is...more

Fox Rothschild LLP

How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class Action

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It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call...more

Perkins Coie

Seventh Circuit Ruling on Insurance Coverage for Biometric Privacy Class Actions Strays From Trend Protecting Policyholders

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In light of the continuing barrage of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), companies should be able to rely on their general liability (GL) insurers to defend and indemnify them from...more

Robinson+Cole Data Privacy + Security Insider

Marriott Faces Class Action for Alleged Violation of Illinois Biometrics Law

Last week Marriott Hotel Services was hit with a class action lawsuit for alleged violations of the Illinois’ Biometrics Information Privacy Act (BIPA). The lawsuit alleges that the hotel violated BIPA by requiring workers to...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Seyfarth Shaw LLP

Illinois Legislative Update: BIPA Reform Bill Reducing Damages Approved by Illinois House, Awaiting Governor's Signature

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In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Rules That Only Individual PAGA Claims Can Be Compelled to Arbitration

On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macy’s West Stores, after the employer appealed the district court’s decision ordering arbitration of both an employee’s individual and non-individual claims under...more

Fox Rothschild LLP

Will Employers Ever Learn? Boot-Up Cases in Customer Service Call Centers Are A Real Problem!

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One of the biggest threats facing employers is employees performing pre-shift/post-shift work without being paid and then suing, as a class, for that compensation. This trend is especially prevalent in the customer...more

Meyers Nave

Wage and Hour Policies Amid Rising PAGA Filings

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At Meyers Nave, we prioritize assisting our clients in establishing and maintaining wage and hour policies that comply with legal standards. This includes implementing effective systems and processes to ensure all levels of...more

Jackson Lewis P.C.

California Supreme Court Upholds Good Faith Belief Defense for Certain Wage Statement Penalties

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For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems,...more

Seyfarth Shaw LLP

EEOC Argues Vendors Using Artificial Intelligence Tools Are Subject to Title VII, the ADA and ADEA Under Novel Theories in Workday...

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In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more

Venable LLP

California Supreme Court Clarifies What Qualifies as Hours Worked

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Is an employee compensable for time spent on waiting and exit searches as "hours worked," even after clocking out? Per the California Supreme Court, it depends on the level of the employer's control over its employees....more

Littler

Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial...

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Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond...more

U.S. Equal Employment Opportunity Commission...

Vicars Powersports to Pay $75,000 in EEOC Sex Discrimination Lawsuit

Federal Agency Charges Dealership Fired Female Manager and Replaced Her With Less Experienced Male - ST. LOUIS – Vicars Powersports, a McAlester, Oklahoma retailer of motorsports vehicles, will pay $75,000 and furnish...more

Carlton Fields

Labor and employment class actions increase by 10%

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The 2024 Carlton Fields Class Action Survey has revealed that labor and employment class actions jumped approximately 10% in the last year. Nearly four out of five companies surveyed reported that they faced a labor and...more

Saul Ewing LLP

The Genetic Information Privacy Act: Recent Surge in Class Action Lawsuits Against Illinois Employers

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Over the last decade, Illinois employers have been faced with a rash of class action lawsuits under the Biometric Information Privacy Act (BIPA), causing many employers to pay hefty sums and alter their biometric timekeeping...more

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