News & Analysis as of

Wage and Hour Penalties Private Attorneys General Act (PAGA)

CDF Labor Law LLP

CA’s Fifth Appellate District Wades Into “Headless” PAGA Debate

CDF Labor Law LLP on

While we are waiting for the CA Supreme Court in Leeper v. Shipt to address whether “headless” PAGA claims (i.e., where PAGA representative plaintiffs disavow the “individual” portion of a PAGA claim) are a permissible end...more

Jackson Lewis P.C.

Explaining California’s Private Attorneys General Act

Jackson Lewis P.C. on

Employers in California more than likely have heard of the Private Attorneys General Act, commonly referred to as PAGA. However, understanding what it is, how it functions, and how it can affect them can be challenging....more

Ervin Cohen & Jessup LLP

The Importance of Compliance Audits Under the Amended Private Attorneys General Act

The Private Attorneys General Act of 2004 (“PAGA”) was intended to allow employees to bring actions on behalf of the State of California against employers who failed to comply with Labor Code sections that were considered...more

Buchalter

New Year, New Rules: Turning Up the Heat on California’s 2025 Employment Law Changes

Buchalter on

As the new year approaches, several critical legislative changes in employment law will take effect on January 1, 2025, unless specified otherwise. California employers face a dynamic regulatory landscape in 2025, with...more

Fisher Phillips

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

Fisher Phillips on

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

Farella Braun + Martel LLP

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

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

Husch Blackwell LLP

PAGA Reforms: Not a Panacea but Significant Relief for California Employers

Husch Blackwell LLP on

On July 1, 2024, California Governor Gavin Newsom signed two legislative bills (AB 2288, amending Labor Code Section 2699; and SB 92, amending Section 2699.3) into law, effective July 1, 2024. The new law significantly...more

Weintraub Tobin

PAGA Reform: Key Takeaways for California Employers

Weintraub Tobin on

On July 1, 2024 Governor Newsom signed SB-92 and AB-2288 into law, which instituted sweeping reforms to California’s Private Attorneys General Act (“PAGA”). PAGA was passed 20 years ago to provide a private mechanism for...more

Payne & Fears

Text of Major PAGA Reform Legislation Revealed

Payne & Fears on

UPDATE: JULY 1, 2024 The proposed PAGA reform legislation passed the California Assembly and Senate and has been signed into law by Governor Newsom today. What are the main takeaways from the proposed legislation? To...more

Jackson Lewis P.C.

California Overhauls Private Attorneys General Act

Jackson Lewis P.C. on

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

Akerman LLP

The Implications of Anticipated Amendments to PAGA for Staffing Companies

Akerman LLP on

On Friday evening, the text of anticipated amendments to the Private Attorneys General Act (PAGA) became available from the California legislature. The bills — one from the Senate and one from the Assembly — would together...more

Sheppard Mullin Richter & Hampton LLP

PAGA Reimagined: A New Chapter for California’s Employers and Employees

On June 18, 2024, California Governor Gavin Newsom, Senate President pro Tempore Mike McGuire and Assembly Speaker Robert Rivas announced a tentative deal to reform a number of aspects of California’s Private Attorneys...more

Mintz - Employment Viewpoints

A New Dawn (Maybe) for California Employers: State and Business Groups Strike Deal on PAGA Reform

On June 18, 2024, Governor Newsom, in collaboration with legislative leaders, unveiled a landmark agreement to reform the Private Attorneys General Act (PAGA). The agreement comes before California voters could weigh in on...more

Fox Rothschild LLP

PAGA Dischargeable in Bankruptcy?

Fox Rothschild LLP on

Portions of employer liability in California PAGA actions are dischargeable in bankruptcy under a bankruptcy court decision issued this summer. Specifically, employers’ liability for the 25% share of PAGA penalties to be...more

Fox Rothschild LLP

Is There Any Viable Defense To A Dreaded PAGA Claim?

Fox Rothschild LLP on

In plain English, PAGA allows a Court to award a penalty for each pay period that includes a wage-and-hour violation. It does not include the damages for the underlying violation, just the discretionary penalty, which starts...more

Perkins Coie

The Ninth Circuit Clarifies When California Law Applies to Employees With Remote Workplaces

Perkins Coie on

Two recent decisions clarified the circumstances under which California law applies to remote workers. In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. Court of Appeals for the...more

Polsinelli

Individual Employees Can Be Liable For Civil Penalties And Attorneys’ Fees For A Company’s Failure To Pay Overtime And/Or Minimum...

Polsinelli on

Notwithstanding two previous California Supreme Court decisions which essentially held that “[u]nder the common law, corporate agents acting within the scope of their agency are not personally liable for the corporate...more

Sheppard Mullin Richter & Hampton LLP

Court Expands Reach of California PAGA Representative Actions

The California Court of Appeals recently decided a new case potentially expanding the scope and impact of Private Attorneys General Act (PAGA) claims brought by an employee against his employer. In Huff v. Securitas Security...more

Bass, Berry & Sims PLC

California Employers Should Remain Cautious when Classifying their Workforce, Notwithstanding More Lenient Federal Policies

Bass, Berry & Sims PLC on

Although the Trump administration rescinded its guidance on worker misclassification earlier this year and appears to have otherwise taken a “softer approach” to misclassification enforcement, California employers should...more

Fisher Phillips

PAGA Reform for Real? Three Different Versions of PAGA Reform Initiative Filed with California Attorney General

Fisher Phillips on

Over the last several years, the level of employer complaints about PAGA has reached a deafening crescendo. For some time now, employers have expressed deep concern about abusive litigation tactics and “extortionate” PAGA...more

Carlton Fields

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

Carlton Fields on

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

Payne & Fears

Key California Employment Law Cases: March 2017

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This month’s key California employment law cases involve arbitration and PAGA issues. Arbitration - Farrar v. Direct Commerce, Inc., 9 Cal. App. 5th 1257, 215 Cal. Rptr. 3d 785 (2017) - Summary: Arbitration...more

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