CALIFORNIA PRIVATE ATTORNEY GENERAL ACT (PAGA) CHANGES Employers: the California Private Attorney General Act (“PAGA”) is being amended to impose new limits on who can bring a PAGA action and the scope of Labor Code violations that a plaintiff employee can pursue; it will also create caps on penalties for...
EASIER FOR CA EMPLOYEES TO PROVE EMPLOYER RETALIATION California’s Equal Pay and Anti-Retaliation Protection Act is effective January 1, 2024 and amends certain provisions of the California Labor Code to create a rebuttable presumption of retaliation by the employer in favor of the employee, if an employee experiences an “adverse...
WHAT THE CA SUPREME COURT UBER DECISION MEANS FOR EMPLOYERS Driver Adolph sued Uber Technologies, Inc., claiming employee status, not independent contractor. The issue was whether an employee who was compelled to arbitrate his or her individual claims also maintains under PAGA the right (“standing”) to pursue Private Attorney General...
EMPLOYEE PAGA CLAIMS Employers take note: A California appellate recently court ruled that Private Attorneys General Act (“PAGA”) claims by employees against employers for wage & hour and other claims survive the employer’s (and by implication, the employer’s responsible individual’s) bankruptcy – they are not discharged and must be paid,...
MORE EMPLOYMENT UPDATES – WHEW! We previously updated on the U.S. Supreme Court case of Viking River Cruises, Inc. v. Moriana (“Viking River”) regarding employee arbitration agreement waivers for California Private Attorney General Act (“PAGA”) actions. The U.S. Supreme Court said that employee individual and the PAGA representative claims (like...
CALIFORNIA PROHIBITS ENFORCEMENT OF ANY EMPLOYEE ARBITRATION REQUIREMENT AS A CONDITION OF EMPLOYMENT On June 22nd, we updated clients on the U.S. Supreme Court employee arbitration ruling in the Viking River Cruise case.[1] We informed that the U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) preempts prior California...
Employers: Do You Know About PAGA? You Should. California’s Private Attorney’s General Act (“PAGA”) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. The result can be like a mini class action lawsuit against...