Penalties, Class Action, Private Attorneys General Act (PAGA)

Massachusetts employers: Proposed private attorney general act for wage-hour claims is a major concern

Constangy, Brooks, Smith & Prophete, LLP on 9/3/2025

For the third consecutive legislative session, Massachusetts state representative Tram T. Nguyen (D-Essex) has proposed a bill (H.1916) to establish a private right of action by employees on behalf of themselves, their fellow...more

Rodriguez v. Lawrence Equipment, Inc.: Employee Lacks Standing to Pursue Representative PAGA Claim After Loss in Arbitration

ArentFox Schiff on 11/25/2024

In Rodriguez v. Lawrence Equipment, Inc., Case No. B325261 (Nov. 8, 2024), the California Court of Appeal held that an employee who loses their Labor Code claims in an individual arbitration no longer has standing to pursue a...more

California Supreme Court Rules Public Employers Are Exempt from PAGA: What Employers Need to Know + 4 Practical Tips

Fisher Phillips on 8/23/2024

The California Supreme Court just ruled that public employers are not subject to civil penalties under the state’s Private Attorneys General Act of 2004 (PAGA). In a pivotal decision, the court held that public entities,...more

PAGA Amendments: A Reprieve for Employers Proactively Addressing Labor Code Violations, but Ambiguities Remain

Farella Braun + Martel LLP on 7/23/2024

On July 1, 2024, California Governor Gavin Newsom signed into law a package of reforms to the Private Attorneys General Act (“PAGA”), a statute that has created headaches for employers and driven up wage and hour litigation...more

Court Of Appeal Provides A New Weapon For Employers Regarding PAGA Claims—Manageability

Buchalter on 10/13/2021

The California Court of Appeal issued a landmark decision on September 9, 2021, upholding a trial court’s striking (dismissing) of a PAGA lawsuit because Plaintiff could not establish that trial of the matter would be...more

When Is a Civil Penalty Not a Civil Penalty?

Seyfarth Shaw LLP on 8/10/2017

Seyfarth Synopsis: Plaintiffs cannot circumvent arbitration agreements by characterizing claims for statutory damages as claims for civil penalties. The purported PAGA exemption from arbitration agreements applies only to...more

The War Between PAGA and Arbitration in California Continues - This Time Employers Win

Carlton Fields on 8/7/2017

Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more

Penalties › Class Action › Private Attorneys General Act (PAGA)