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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
An issue that has long plagued employers in California is whether time an employee spends on the employer’s premises making their way to or from their worksite is compensable. We have seen a spike in lawsuits raising this...more
On January 18, 2024, the California Supreme Court issued its long-awaited opinion in Jorge Luis Estrada et al. v. Royalty Carpet Mills, Inc., resolving a court of appeal split between the Second District (Wesson v. Staples...more
On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more
The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class...more
For companies doing business in California, it’s important to be aware of the January 18, 2024 California Supreme Court decision in Estrada v. Royalty Carpet Mills, Inc.*, which examined whether trial courts can strike PAGA...more
Takeaway: On January 18, 2024, the California Supreme Court resolved a conflict between California’s Private Attorneys General Act (PAGA) and the “manageability” concept used by courts to evaluate whether class certification...more
On January 18, 2024, the California Supreme Court issued a long-awaited decision looking to resolve a conflict between California’s Private Attorneys General Act (PAGA) and a concept called “manageability” which refers to the...more
In Estrada v. Royalty Carpet Mills Inc., a unanimous decision by the California Supreme Court resolves a split between California courts of appeal by ruling that a trial court does not have inherent authority to strike PAGA...more
In a hotly anticipated decision, the New York State Appellate Division, Second Department held in Grant v. Global Aircraft Dispatch, Inc. that manual workers do not have a private right of action under the New York Labor Law...more
On January 18, 2024, the California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the Private Attorneys General Act of 2004 (PAGA) on manageability grounds. The...more