This November, California voters were expecting to vote on a measure that would replace the current Private Attorney General Act (PAGA) statute with the California Fair Pay and Employer Accountability
Continue Reading Gov. Newsom Announces Landmark Private Attorneys General Act ReformsWhen Good Intentions Become PAGA: Initiative to Repeal PAGA on November 2024 Ballot in CA
While the Golden State has most everything you’d ever want to enjoy, employers doing business in California know that a Private Attorneys General Act (PAGA) lawsuit is not one of…
Continue Reading When Good Intentions Become PAGA: Initiative to Repeal PAGA on November 2024 Ballot in CAComing to California Workplaces this Summer – Workplace Violence Prevention Plans
On or before July 1, 2024, most California employers must establish a Workplace Violence Prevention Plan (WVPP) in addition to their Injury, Illness & Prevention Programs. Employers also need to provide training on their WVPP and keep prescribed records.
Continue Reading Coming to California Workplaces this Summer – Workplace Violence Prevention Plans
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 ActionImplications of California Senate Bill 365 for Employers in Light of Estrada
The California Supreme Court and the Legislature ushered in 2024 with two significant changes that may appear unrelated but that may impact California employers. We consider each in turn.
1.
… Continue Reading Implications of California Senate Bill 365 for Employers in Light of EstradaCalifornia Paid Sick Leave Claims May Be Enforced Under PAGA
On Feb. 24, 2023, in Wood v. Kaiser Found. Hosps., the California Court of Appeal for the Fourth District held that claims for paid sick leave in California may…
Continue Reading California Paid Sick Leave Claims May Be Enforced Under PAGACalifornia Supreme Court to Have ‘Last Word’ on Viking River
The California Supreme Court will soon hear oral argument on the much-anticipated Adolph (Erik) v. Uber Technologies, Inc., (Uber), accepting Justice Sotomayor’s invitation in Viking River Cruises…
Continue Reading California Supreme Court to Have ‘Last Word’ on Viking RiverHow Unions Could Stem Possible Wave Of Calif. PAGA Claims
The U.S. Supreme Court’s 2022 ruling in Viking River Cruises v. Moriana gave California employers a brief reprieve from the onslaught of nonarbitrable Private Attorneys General Act claims.
Before then…
Continue Reading How Unions Could Stem Possible Wave Of Calif. PAGA ClaimsSuperior Courts Officially Have the Discretion to Stay Later-Filed PAGA Actions
In Shaw v. Superior Court, 78 Cal. App. 5th 245 (2022), the California Court of Appeal held that trial courts have discretion to apply the doctrine of exclusive…
Continue Reading Superior Courts Officially Have the Discretion to Stay Later-Filed PAGA Actions
In Viking River Cruises, US Supreme Court Sides With Employers: Individual PAGA Claims Are Arbitrable – For Now
In a victory for California employers, the U.S. Supreme Court held in Viking River Cruises, Inc. v. Moriana that the Federal Arbitration Act (FAA) requires enforcement of arbitration agreements that…
Continue Reading In Viking River Cruises, US Supreme Court Sides With Employers: Individual PAGA Claims Are Arbitrable – For Now