News & Analysis as of

Private Attorneys General Act (PAGA) Employer Liability Issues Wage Statements

Constangy, Brooks, Smith & Prophete, LLP

PAGA reform is coming – employers, prepare now!

In a major development for employers who do business there, California has passed legislation to reform its Private Attorneys General Act as part of a deal that will lead to the withdrawal of a November 2024 ballot initiative...more

CDF Labor Law LLP

CDF Wage and Hour Task Force Monthly Tips - Checking In On Paychecks (Or At Least That Top Portion)

CDF Labor Law LLP on

Under California Labor Code section 226, an employer, semimonthly or at the time of each payment of wages, must furnish employees an “accurate itemized statement in writing” reflecting, at least, nine specifically delineated...more

Fox Rothschild LLP

California Supreme Court Issues Pro-Employee Ruling Expanding Definition of Wages

Fox Rothschild LLP on

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

Littler

California Supreme Court Confirms Applicability of Derivative Waiting Time Penalty and Wage Statement Claims for Meal and Rest...

Littler on

In another unfavorable ruling for employers that stresses the importance of meal period and wage statement compliance, the California Supreme Court has held in Naranjo v. Spectrum Security Services, Inc. that meal period and...more

Jackson Lewis P.C.

Ask A Litigator: What Do Employers Need to Know About PAGA?

Jackson Lewis P.C. on

The Private Attorneys General Act (PAGA) has been in the news lately with a proposed state Proposition seeking to reform it, and the Supreme Court taking up a case regarding PAGA and arbitrations. Though recent developments...more

Proskauer - California Employment Law

California Employment Law Notes - January 2022

Manicurist Can Proceed With Hostile Work Environment Claim - Fried v. Wynn Las Vegas, 18 F.4th 643 (9th Cir. 2021) - Vincent Fried, a manicurist at a salon in the Wynn Hotel in Las Vegas, was sexually propositioned by a...more

Payne & Fears

Key California Employment Law Cases: December 2021

Payne & Fears on

Gunther v. Alaska Airlines, Inc., 72 Cal. App. 5th 334 (2021) - Summary: Heightened civil penalties under Labor Code section 226.3 ($250 & $1,000) do not apply to all violations of section 226, only when the employer...more

Proskauer - California Employment Law

Heightened PAGA Penalties Are Inapplicable For Most Wage Statement Claims

Christmas came early this year for California employers. Bucking the trend of unrelentingly bad news for employers in the state, the California Court of Appeal has held that the default (lower) penalties found in the Labor...more

McDermott Will & Emery

US Supreme Court to Review Whether PAGA Claim Can Be Arbitrated

McDermott Will & Emery on

California’s Private Attorneys General Act (PAGA) has so far evaded arbitration agreements. Now, the Supreme Court of the United States will take up Viking River Cruises, Inc. v. Moriana to determine whether the Federal...more

Akin Gump Strauss Hauer & Feld LLP

Court of Appeal Holds That Only Default PAGA Penalties Are Available for Inaccurate Wage Statements

On December 1, 2021, the California Court of Appeal (4th District) issued its decision in Gunther v. Alaska Airlines, Inc., Case No. D076762, holding that heightened penalties for wage statement violations under Labor Code...more

CDF Labor Law LLP

[Webinar] The “Golden State” of PAGA: Status and Trends of CA Wage and Hour Litigation - August 26th, 10:00 am PT

CDF Labor Law LLP on

Developments during the COVID-19 pandemic have left a dark cloud of uncertainty for employers in the Golden State, and have led to many new claims under the Private Attorneys General Act (PAGA). This webinar will cover how...more

Sheppard Mullin Richter & Hampton LLP

Sheppard Mullin Helps Overturn $102 Million Verdict

A former Wal-Mart employee had his $102 million verdict overturned in a recent win for California employers. Roderick Magadia, the former employee, brought a class action and Labor Code Private Attorneys General Act (“PAGA”)...more

Fisher Phillips

Common Cents: New Trend of Wage Statement Wins for Employers in California and Federal Courts

Fisher Phillips on

The hyper-technical nature of California’s wage statement laws, embodied in Labor Code section 226, have made violations of this law a favorite of the plaintiffs’ bar for class and representative actions under the Private...more

Stokes Wagner

California Labor Code Section 226: Clarifications on Compliance with Wage Statement Overtime Listings

Stokes Wagner on

Anyone who has considered filing a petition for writ of mandate from a superior court ruling knows the odds are not in favor of the court granted this extraordinary relief. Apart from clear error, the requirement of showing...more

Payne & Fears

Key California Employment Law Cases: May 2021

Payne & Fears on

Magadia v. Wal-Mart Associates, Inc., No. 19-16184, 2021 WL 2176584 (9th Cir., May 28, 2021) - Summary: An employee lacks Article III standing to bring a PAGA claim in federal court for Labor Code violations that the...more

CDF Labor Law LLP

Ninth Circuit Offers Glimmer of Hope for Employers Against PAGA Suits

CDF Labor Law LLP on

The Ninth Circuit in Magadia v. Wal-Mart Associates, Inc., No. 19-16184 (May 28, 2021) (“Magadia”), recently provided what is perhaps the first hopeful road map for employers to defend themselves against PAGA claims since a...more

Payne & Fears

Ninth Circuit Restricts Scope of PAGA Claims in Federal Court and Clarifies California Wage Statement Requirements

Payne & Fears on

On May 28, 2021, the Ninth Circuit Court of Appeals handed Walmart a groundbreaking win in a wage-and-hour class and California Labor Code Private Attorneys General Act (“PAGA") action.  Reversing a nearly $102 million...more

Husch Blackwell LLP

Top-10 Things You're Probably Getting Wrong With Your California Employees

Husch Blackwell LLP on

The regulatory framework that applies to California is complex and ever-changing. Even the most diligent employers can find themselves unintentionally out of compliance in ways both big and small. And California provides many...more

Jackson Lewis P.C.

Legislature Considers More Time To Cure Wage Statement Violations

Jackson Lewis P.C. on

Employers all over the State of California have been waiting earnestly for over two years for the California Supreme Court to issue its opinion in Kim v. Reins International California. A ruling that will decide whether a...more

Proskauer - California Employment Law

Employer’s Wage Statement Failed To Provide Legal Name Of Employer

Noori v. Countrywide Payroll & HR Solutions, Inc., 2019 WL 7183403 (Cal. Ct. App. 2019) - Mohammed Noori sued his former employer for violation of Cal. Lab. Code § 226(a) (setting forth certain very specific statutory...more

Jackson Lewis P.C.

Settling Plaintiff May Still Have Standing And Adequacy To Pursue Class Action And PAGA Claims

Jackson Lewis P.C. on

A California federal judge recently certified a class of at least 843 Cinemark workers who allege Cinemark, a movie theater chain, failed to properly list overtime rates on employee wage statements, notwithstanding the fact...more

Fox Rothschild LLP

Fixing Your Paystubs? Make Sure Your Paychecks Comply With Labor Code § 212

Fox Rothschild LLP on

If you are an employer in California, you are likely well aware of Labor Code § 226 and the many items that our state requires to be on employee paystubs: gross wages, legal name of employer, inclusion dates for the pay...more

Littler

California Court Rules PAGA Plaintiffs Need Not Assert Injury, or Employer Knowledge, to Collect Penalties for Paystub Violations;...

Littler on

A California Court of Appeal dealt another blow to employers in a recent ruling interpreting the state’s Private Attorneys General Act (PAGA). In Lopez v. Friant & Associates, the court considered the proof required for a...more

Seyfarth Shaw LLP

Not As You Wish: Wage Statement Law’s Pit of Despair

Seyfarth Shaw LLP on

Seyfarth Synopsis: With the widespread use of direct deposit, the thought of an employee regularly reviewing wage statements may seem inconceivable. Still, employers must ensure that their wage statements strictly comply with...more

Nossaman LLP

Did You Know…Blair v. Dole Food Company Provides Insight On Wage Statement Requirements

Nossaman LLP on

On February 15, 2017, the California Court of Appeal in Blair v. Dole Food Company, Inc. clarified existing law regarding what information must be included on employee wage statements....more

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