In a sharply worded notice, the Labor & Workforce Development Agency (LWDA) recently demanded that a plaintiff-side law firm amend over 100 Private Attorneys General Act (PAGA) notices it had
Continue Reading The LWDA: There’s a New Sheriff in Town
Whose Case Is It Anyway? Trial Court Orders State of California to Pay Court Costs in PAGA Action
By now, it’s a familiar maxim: when an employee brings an action under the Private Attorneys General Act (PAGA), “the state is the real party in interest.” Iskanian v. CLS
Continue Reading Whose Case Is It Anyway? Trial Court Orders State of California to Pay Court Costs in PAGA Action
Rounding Time Roundly Criticized by California Court of Appeal
The practice of rounding an employee’s time up or down to the nearest interval is widespread. It offers employers the convenience of using round numbers to determine the number of
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Ninth Circuit Revives Claim That A.B. 5 Violates Equal Protection Clause
Employers seeking to challenge California’s stringent independent contractor misclassification laws may have found an opening. On March 17, the Ninth Circuit Court of Appeals concluded that plaintiffs could proceed in
Continue Reading Ninth Circuit Revives Claim That A.B. 5 Violates Equal Protection Clause
Meal And Rest Break Claims Now Pose High Financial Risks to California Employers
While perhaps overlooked in favor of other high-profile rulings (we’re looking at you, Viking River Cruises), the California Supreme Court’s decision in Naranjo v. Spectrum Security Services, Inc.
Continue Reading Meal And Rest Break Claims Now Pose High Financial Risks to California Employers
Meal Period Violations Trigger Slew of Additional Penalties, California High Court Says
Consistent with its previous rulings on the Labor Code, on May 23 the California Supreme Court held, in Naranjo v. Spectrum Security Services, Inc., that an employee who successfully
Continue Reading Meal Period Violations Trigger Slew of Additional Penalties, California High Court Says
CA Supreme Court Clarifies Standard for Employee Whistleblower Retaliation Claims
On Jan. 27, 2022, the California Supreme Court issued its opinion in Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022), clarifying the
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What You Think You Know Can Hurt You: A Cautionary Tale About Internal Investigations.
When an employee termination is on the table, employers know that a supporting investigation is important, as we recently discussed on GT’s The Performance Review podcast, available here. A
Continue Reading What You Think You Know Can Hurt You: A Cautionary Tale About Internal Investigations.
PAGA Plaintiffs: No Injury, No Problem, Says Unanimous California Supreme Court
Yesterday, the California Supreme Court issued its long-awaited opinion in Kim v. Reins International California, Inc. and unanimously reversed the California Court of Appeal. The Court held an employee does not lose standing to pursue claims under the Private Attorneys General Act of 2004 (“PAGA”), Cal. Lab. Code § 2698 et seq., even when that employee settles his individual Labor Code claims asserted in that same action.
In Reins, the plaintiff claimed his employer had misclassified him as an exempt employee. He alleged the usual panoply of Labor Code claims (failure to pay overtime, failure to provide meal and rest breaks, failure to provide accurate wage statements, waiting time penalties) and sought civil penalties under the PAGA. The plaintiff later settled all of his individual claims, but not the PAGA claims.
Continue Reading PAGA Plaintiffs: No Injury, No Problem, Says Unanimous California Supreme Court