Tag Archives: California Private Attorneys General Act

2 Steps Forward, 1 Step Back: California Supreme Court Nixes Plaintiffs’ Ability to Recover Unpaid Wages Under PAGA, but Forecloses Defendants’ Path to Arbitration

By Mark Kemple, Ashley M. Farrell Pickett and Michael Wertheim on Posted in Arbitration, California, GT Alert, Labor & Employment, overtime, State Law
On Sept. 12, 2019, the California Supreme Court in ZB, N.A. v. Superior Court of San Diego County (Lawson) delivered a victory for California employers, clarifying that a plaintiff bringing a Private Attorneys General Act (PAGA) action may not recover as a “civil penalty” the “wages” referenced in Cal. Labor Code section 558, and thereby … Continue Reading

California Supreme Court’s Kirby Decision: If Money Talks, is This Another Post-Brinker Blow to Meal and Rest Period Claims?

By Mark Kemple and Tiffany Fordyce on Posted in Litigation, State Law
On April 30, 2012, the California Supreme Court issued a decision holding that the fee shifting provisions of California Labor Code sections 128.5 and 1194 do not apply to claims for wages made pursuant California Labor Code section 226.7 for failure to authorize meal and/or rest periods. Kirby v. Immoos Fire Protection, Inc., ____ Cal. 4th ___ (2012).… Continue Reading
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