News & Analysis as of

Private Attorneys General Act (PAGA) Labor Law Violations Civil Monetary Penalty

Proskauer - California Employment Law

Hot PAGA Summer Rolls on with Another “Win” for Employers

The “Summer of PAGA” continued last week when the California Supreme Court ruled in Turrieta v. Lyft, Inc., Case No. S271721, that a plaintiff in a Private Attorneys General Act (PAGA) action does not have standing to...more

Dorsey & Whitney LLP

Legislative Action Heralds Sweeping Changes to PAGA, Resulting in Tools for More Effective Administration and Potential to Curb...

Dorsey & Whitney LLP on

The Private Attorneys General Act of 2004 (“PAGA”) has been increasingly criticized as harmful to employers and employees. Well-meaning organizations are forced to expend resources settling often frivolous actions rather than...more

Seyfarth Shaw LLP

PAGA Reform: AB 2288 and SB 92 Introduced

Seyfarth Shaw LLP on

Seyfarth Synopsis: PAGA reform has officially been introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history. The bills have...more

Constangy, Brooks, Smith & Prophete, LLP

Recent fines portend increased wage-hour enforcement on behalf of Massachusetts employees

On January 25, the Office of the Attorney General for the Commonwealth of Massachusetts announced $440,000 in fines against Dutch Maid Bakery, a wholesale bakery in Dorchester, and staffing agencies used by the bakery, for...more

CDF Labor Law LLP

9th Circuit Confirms Limited Application of Heightened Penalties for “Subsequent” Labor Code Violations

CDF Labor Law LLP on

On February 23, 2021, a unanimous Ninth Circuit panel held in the decision of Bernstein v. Virgin America Inc. (Case No. 19-15382) that employers are not subject to heightened penalties for subsequent violations under the...more

Payne & Fears

Key California Employment Law Cases: September 2019

Payne & Fears on

ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus on California - Limiting Employee Recovery under California PAGA Actions

With the advent of California’s Private Attorneys General Act of 2004 (PAGA), employees can step into the shoes of a state attorney general and bring lawsuits against their employers, seeking civil penalties for Labor Code...more

Payne & Fears

Key California Employment Law Cases: October 2018

Payne & Fears on

This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

Payne & Fears

Key California Employment Law Cases: September 2017

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This month’s key California employment law cases involve wage and hour issues, arbitration, and employment discrimination based on marital status....more

Seyfarth Shaw LLP

A Cautionary Comment on PAGA (or Plaintiffs’ Attorneys Getting Around) Legislative Intent

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Seyfarth Synopsis: Sometimes, plaintiffs’ attorneys have circumvented a key aspect of the California Legislature’s intent in enacting PAGA: limiting standing to pursue penalties for Labor Code violations to those employees...more

Fenwick & West LLP

Ninth Circuit Affirms Iskanian Ruling Rendering PAGA Waivers Illegal

Fenwick & West LLP on

In Sakkab v. Luxottica Retail North America, Inc., the Ninth Circuit affirmed the California Supreme Court’s Iskanian v. CLS Transportation Los Angeles, LLC decision (originally summarized in our June 2012 issue), which held...more

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