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
7/2/2024
/ California ,
Employment Litigation ,
Good Faith ,
Governor Newsom ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Labor Law Violations ,
Penalties ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
On June 18, 2024, Governor Newsom announced a deal had been reached with the legislature and business groups to reform California’s Private Attorneys General Act (PAGA). The agreement apparently comes after several months of...more
The California Supreme Court held that when a court compels an employee to arbitrate their “individual” Labor Code Private Attorneys General Act (PAGA) claims, the employee retains statutory standing to pursue...more
On May 9, 2023, the California Supreme Court heard oral arguments in Adolph v. Uber to decide “[w]hether an aggrieved employee who has been compelled to arbitrate [their individual] claims under the [California Labor Code]...more
In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead...more
1/31/2023
/ Arbitration ,
Biometric Information Privacy Act ,
Class Action ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Independent Contractors ,
Misclassification ,
Non-Exempt Employees ,
OSHA ,
Pay Rates ,
Payroll Companies ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Software ,
Wage and Hour
Thousands of cases are filed under California’s Private Attorneys General Act (PAGA) each year and many of them made the headlines in 2022.
PAGA authorizes employees to file lawsuits to collect penalties for California Labor...more
In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic.
...more
10/21/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Class Action ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
Premium Pay ,
Private Attorneys General Act (PAGA) ,
Religious Discrimination ,
Remote Working ,
Vaccinations ,
Wage and Hour ,
WARN Act
On June 15, 2022, the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private...more
On June 15, 2022, the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private...more
Saying the U.S. Supreme Court ruling in Viking River Cruises, Inc. v. Moriana, No. 20-1573 (June 15, 2022), that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of...more
In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more
6/29/2022
/ Arbitration ,
Arbitration Agreements ,
CAFA ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Department of Labor (DOL) ,
Enforceability ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Personal Jurisdiction ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
SCOTUS ,
Severance Agreements ,
Sexual Assault ,
Sexual Harassment ,
Wage Statements
Bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only, the U.S. Supreme Court has held....more
In December 2021, the U.S. Supreme Court agreed to hear arguments in Viking River Cruises v. Moriana (Viking). The question presented in Viking is whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral...more
In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits,...more
2/16/2022
/ Arbitration Agreements ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Coronavirus/COVID-19 ,
Data Breach ,
Employee Retirement Income Security Act (ERISA) ,
Employer Mandates ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Off-Duty Employees ,
Out-of-State Employees ,
Personally Identifiable Information ,
Popular ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Vaccinations ,
Wage and Hour ,
Website Accessibility ,
Workers' Compensation Claim
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
The U.S. Supreme Court has agreed to consider whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral arbitration agreement mandating that claims be brought on an individual basis and that employees may...more
The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more
10/5/2021
/ Americans with Disabilities Act (ADA) ,
Biometric Information ,
Class Action ,
Compensation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Discrimination ,
Employee Privacy Rights ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
GINA ,
Masks ,
Misclassification ,
Non-Exempt Employees ,
Private Attorneys General Act (PAGA) ,
Religious Exemption ,
Return-to-Work Agreements ,
Unpaid Overtime ,
Vaccinations ,
Wage and Hour ,
WARN Act
While California’s Private Attorneys General Act (PAGA) is often compared to class actions, many of the rules and regulations governing class actions are not present. And applying considerations like manageability to PAGA...more
In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage...more
Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more
2/2/2021
/ 401k ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Biden Administration ,
Biometric Information Privacy Act ,
Business Interruption ,
Class Action ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Fluctuating Workweek ,
Higher Education Act ,
Independent Contractors ,
Labor Code ,
Layoffs ,
Pregnancy Discrimination ,
Private Attorneys General Act (PAGA) ,
Ridesharing ,
SCOTUS ,
Sexual Harassment ,
TCPA ,
Trucking Industry ,
Wage and Hour
2020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims.
The California courts focused on two...more
The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this...more