On Sept. 9, 2021, the California Court of Appeal in Wesson v. Staples The Office Superstore, LLC, supported what employers have been arguing since Private Attorneys General Act (PAGA)
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Employers Must Brace For PAGA-Like Bills Across US
If you’re an employer in California, you’ve heard of PAGA — California’s controversial Private Attorneys General Act, which took the employment litigation landscape by storm over the course of the
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Ninth Circuit Grounds Imposition of ‘Subsequent’ PAGA Penalties Prior to Court or Labor Commissioner Citation, But Lets Waiting Time Penalties and Other Labor Code Violations Soar for Interstate Employers
In Bernstein v. Virgin America, Inc., on February, 23, 2021, the Ninth Circuit issued a decision that’s a mixed bag for employers. Bernstein v. Virgin Am., Inc., No.
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PAGA: It Doesn’t Matter Where You Live or Work
On Wednesday, a panel of the California Court of Appeal’s First District unanimously held that venue for an action alleging violation of California’s Private Attorneys General Act (“PAGA”) is proper
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Following Intense Fire Season, California Sees Increased Cal/OSHA Enforcement and Litigation
It seems no region of California has been spared from wildfires or the threat of wildfires in 2020. The one-two punch of scorching wildfires and Coronavirus Disease 2019 (COVID-19) has
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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.
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2 Steps Forward, 1 Step Back: California Supreme Court Nixes Plaintiffs’ Ability to Recover Unpaid Wages Under PAGA, but Forecloses Defendants’ Path to Arbitration
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
Continue Reading 2 Steps Forward, 1 Step Back: California Supreme Court Nixes Plaintiffs’ Ability to Recover Unpaid Wages Under PAGA, but Forecloses Defendants’ Path to Arbitration
“Nothing so Exhilarating as Being Shot at Without Result”—California Pay Day Statements and Accrued Vacation
What does Winston Churchill have to do with California wage and hour requirements? Well, the “shot” at employers in Soto v. Motel 6 Operating L.P. at the California Court of
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2015 California Employment Law Legislative Update
At Greenberg Traurig, we live our motto “built for change” and apply it for the benefit of the businesses we serve. Our California Labor and Employment Practice appreciates that although
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