News & Analysis as of

Labor & Workforce Development Agency (LWDA) Employment Litigation

Lewitt Hackman

PAGA: Employer Cure Process and LWDA Conference

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This is the second of a three-part series addressing the changes in California’s Private Attorneys General Act. Below, we discuss an employer’s opportunity to cure alleged PAGA violations...more

Cozen O'Connor

PAGA Reform: A Win for Employers in California

Cozen O'Connor on

California's Private Attorneys General Act, better known as PAGA, has been in effect since 2004. PAGA allows employees to sue their employer on behalf of the state for virtually any claimed California Labor Code violation for...more

Allen Matkins

The New PAGA: Proactively Navigating Next Steps to Reduce the Risk of Wage and Hour Lawsuits

Allen Matkins on

On June 27, 2024, California Governor Gavin Newsom signed Assembly Bill 2288, thereby reforming PAGA and amending Labor Code Section 2699. Passed in 2004, PAGA authorizes aggrieved employees to file lawsuits to recover civil...more

Cooley LLP

California Enacts Sweeping Changes to PAGA

Cooley LLP on

On July 1, 2024, California Gov. Gavin Newsom signed into law two bills that significantly reform the California Private Attorneys General Act of 2004 (PAGA). California employers will soon benefit from a myriad of reforms...more

Stokes Wagner

Amendments to California's Private Attorneys General Act (PAGA)

Stokes Wagner on

Significant amendments to California’s Private Attorneys General Act (PAGA) were enacted into law recently. This legislation, the result of negotiations among Gov. Newsom, legislators, and labor and business groups, equips...more

Husch Blackwell LLP

PAGA Reforms: Not a Panacea but Significant Relief for California Employers

Husch Blackwell LLP on

On July 1, 2024, California Governor Gavin Newsom signed two legislative bills (AB 2288, amending Labor Code Section 2699; and SB 92, amending Section 2699.3) into law, effective July 1, 2024. The new law significantly...more

Fox Rothschild LLP

PAGA Reform: Everything You Need To Know

Fox Rothschild LLP on

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

Weintraub Tobin

PAGA Reform: Key Takeaways for California Employers

Weintraub Tobin on

On July 1, 2024 Governor Newsom signed SB-92 and AB-2288 into law, which instituted sweeping reforms to California’s Private Attorneys General Act (“PAGA”). PAGA was passed 20 years ago to provide a private mechanism for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Governor Signs PAGA Reform Legislation

On July 1, 2024, Governor Gavin Newsom signed two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA). According to Newsom, “This reform is decades in the making—and it’s a big win for both workers...more

Jackson Lewis P.C.

California Overhauls Private Attorneys General Act

Jackson Lewis P.C. on

On July 1, 2024, California Governor Gavin Newsom signed two bills, Senate Bill 92 and Assembly Bill 2288, that amend the state’s Labor Code Private Attorneys General Act (PAGA), which deputizes private parties to enforce the...more

Fox Rothschild LLP

PAGA Reform Deal In Place!

Fox Rothschild LLP on

California’s legislative leaders and Governor Newsom reached an agreement on reforms to the Private Attorney Generals’ Act which will change the landscape of PAGA going forward. PAGA has cost businesses billions of dollars in...more

Saul Ewing LLP

PAGA’s Fate is in the Balance as a Repeal Bill is on the November Ballot in CA

Saul Ewing LLP on

This November, California voters may have the opportunity to replace the controversial Labor Code Private Attorneys General Act (“PAGA”) by voting on a proposed bill that would double penalties for willful labor-law...more

Falcon Rappaport & Berkman LLP

Navigating the Challenges of California’s PAGA Law: Insights for Employers

California’s Private Attorneys’ General Act, or PAGA, just celebrated its 20th birthday despite repeated, failed attempts at its repeal. California’s Labor Code is among the strictest in the nation and California law affords...more

CDF Labor Law LLP

A PAGA Victory to Bring in the New Year: Trial Court Holds LWDA Responsible for Prevailing Employer’s Costs

CDF Labor Law LLP on

Last week a trial court in Alameda County entered an order permitting Hobby Lobby Stores, Inc. to recover nearly $125,000 in costs from the California Labor and Workforce Development Agency (LWDA). Hobby Lobby incurred these...more

Manatt, Phelps & Phillips, LLP

Relation Back Doctrine Can Apply to PAGA Claims

Considering the intersection of the Private Attorneys General Act (PAGA) and the doctrine of relation back, a California appellate panel found that the doctrine can apply to the statute, opening the door to a subsequent...more

Haight Brown & Bonesteel LLP

LWDA Pre-filing Notices of Representative PAGA Claims Need Not Specifically Reference Similarly Aggrieved Employees

The California Court of Appeal, Sixth Appellate District, recently held in Santos, et al., v. El Guapos Tacos, LLC, et al. (No. H046470) that a plaintiff filing a representative cause of action under the Private Attorneys...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Worker’s Claim for Individual Damages in LWDA Filing Held Not Dispositive in Motion to Compel Arbitration Inquiry

Although the Supreme Court of the United States has not yet taken up the issue, California courts routinely hold an employee cannot be compelled to submit to arbitration an action seeking penalties under the Private Attorneys...more

Proskauer - California Employment Law

California Class Actions and PAGA (“Probably All is Going to the Attorneys”) Claims Continue to Overwhelm the State

We have reported before about the huge jury verdicts that get handed out in California with alarming regularity and California’s sustained #1 ranking as the “Top Judicial Hellhole” in the nation. A corollary problem continues...more

Sheppard Mullin Richter & Hampton LLP

PAGA Claim Defeated Based on Insufficient Notice to the LWDA

Last month, the California Court of Appeal determined in Khan v. Dunn-Edwards Corp., 2018 Cal.App. LEXIS 44 (Cal. App. 2d Dist. Jan. 4, 2018)(certified for publication), that a former employee’s claim under the Private...more

Orrick - Employment Law and Litigation

Exhaustion Matters – Don’t Try Going It Alone Under PAGA

A recent decision by the California Court of Appeal provides two important reminders for practitioners handling Private Attorneys General Act (“PAGA”) claims. First, exhausting administrative proceedings matters. Second, PAGA...more

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