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The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more
A California Court of Appeal recently held that an employee bringing a claim under the Private Attorneys General Act (PAGA) must be able to allege that he personally suffered a Labor Code violation within the applicable...more
In a ruling that should command the attention of all employers in New Jersey who employ and pay commission-based salespersons, the New Jersey Supreme Court has held that commissions are wages under the New Jersey Wage Payment...more
Current and former employees have the right to inspect their personnel files upon request within a timeframe set by statute. When an employment-related claim arises, these individuals typically request a copy of their...more
As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more
In 2024, California reformed its Private Attorneys General Act (“PAGA”) for the first time in the statute’s two-decade history. The reforms were less drastic than some had hoped, but they afford employers new avenues for...more
While California employers may be generally aware of the nine requirements for wage statements, a careful review of the nuances of each of those requirements is necessary to ensure compliance under Labor Code section 226....more
The Second District again held that issue preclusion barred plaintiff’s PAGA claim because he failed to establish any violation of the Labor Code and arbitral findings have a preclusive effect on a plaintiff’s standing in a...more
The California Labor & Workforce Development Agency (“LWDA”) recently published Frequently Asked Questions pertaining to the Private Attorneys General Act (“PAGA”) and the recent amendments that impact PAGA claims after June...more
The Private Attorneys General Act (PAGA), enacted in 2004, upturned California’s employment law landscape. In theory, PAGA allowed employees to file lawsuits to recover civil penalties on behalf of themselves, other...more
Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers....more
Much has been made about the recent, hurried legislation to amend the Private Attorneys General Act (“PAGA”) in order to take the Fair Pay and Employer Accountability Act (“FPEAA”) off the California ballot this November....more
Last week, Governor Newsom signed Assembly Bill (AB) 2288 and Senate Bill (SB) 92, which amended California’s Private Attorneys General Act (PAGA). Since 2004, PAGA has created challenges for California employers because it...more
Assembly Bill 2288 and Senate Bill 92 were introduced on 21 June 2024, both of which proposed significant reforms to California’s Private Attorneys General Act of 2004 (PAGA). On 1 July 2024, Governor Gavin Newsom signed...more
California’s Private Attorneys General Act (“PAGA”) has undergone substantial, and arguably overdue, reform by way of dual legislative measures - Assembly Bill 2288 and Senate Bill 92. PAGA 2.0 will apply to PAGA civil...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
On July 1, 2024, Governor Newsom signed legislation that makes significant changes to California's notorious Private Attorneys General Act (PAGA) to become effective immediately as an urgency measure. While the new...more
Aggrieved employee is any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. An “aggrieved employee” is any person who was employed by the alleged violator...more
As previously discussed, on June 18, 2024, California’s political leaders announced a tentative deal to reform a number of aspects of California’s Private Attorneys General Act (“PAGA”). On June 27, 2024, the PAGA reform...more
Since its entry onto the legal scene in 2004, the Private Attorneys General Act of the California Labor Code (“PAGA”) has posed a formidable challenge to employers of all sizes striving to manage the disparate requirements of...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
On 18 June 2024, California Governor Gavin Newsom and state legislative leaders reached an agreement with the California Chamber of Commerce and business and labor groups to reform California’s Private Attorneys General Act...more
California Governor Gavin Newsom, alongside business leaders, and legislators, announced a significant agreement to reform the state's Private Attorneys General Act (PAGA). PAGA, initially enacted to allow employees to stand...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
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