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 Reforms
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 CA
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
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.
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 PAGA
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 River
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 Claims
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 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
In Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022), the California Court of Appeal, in relevant part, reversed a trial court’s order decertifying a subclass
Continue Reading California Court of Appeals are Split on Whether Employers Can Dismiss a PAGA Claim Based on Manageability