Portions of employer liability in California PAGA actions are dischargeable in bankruptcy under a bankruptcy court decision issued this summer. Specifically, employers’ liability for the 25% share of PAGA penalties
Continue Reading PAGA Dischargeable in Bankruptcy?Steven Gallagher
Representative PAGA Claims Survive After Individual Arbitration— Employer-Friendly Viking River Ruling Nullified by California Supreme Court
As we blogged about here, the United States Supreme Court in Viking River Cruises, Inc. v. Moriana divided PAGA claims into two buckets: (1) individual PAGA claims; and (2)…
Continue Reading Representative PAGA Claims Survive After Individual Arbitration— Employer-Friendly Viking River Ruling Nullified by California Supreme CourtALERT: CHANGE IN LAW – RETALIATION PROTECTION NOW GIVEN TO EMPLOYEES COMPLAINING OF KNOWN VIOLATIONS
The New Rule: Employees are given whistleblower protection for lodging complaints of violations already known to the employer.
While California courts have already granted employees with broad whistleblower protection…
Continue Reading ALERT: CHANGE IN LAW – RETALIATION PROTECTION NOW GIVEN TO EMPLOYEES COMPLAINING OF KNOWN VIOLATIONSYou CAN Be Sued for Sick Pay Violations + Paid Sick Leave Reminders
Yes, you can now be sued for sick pay violations (makes us sick too). In Wood v. Kaiser Foundation Hospitals, the Court analyzed the statutory framework and legislative history…
Continue Reading You CAN Be Sued for Sick Pay Violations + Paid Sick Leave RemindersPAGA: Loss on Individual Wage Claims in Arbitration May Preclude Representative PAGA Claims in Court (Even if Stayed)
As a backdrop, and as we previously explained [here and here], Courts are split on whether to stay or dismiss representative PAGA claims after individual PAGA claims are…
Continue Reading PAGA: Loss on Individual Wage Claims in Arbitration May Preclude Representative PAGA Claims in Court (Even if Stayed)Mark Your Calendars – PAGA Waivers to be Decided by August 7, 2023
The California Supreme Court granted review of Adolph v. Uber Technologies, Inc. (“Adolph”) in July 2022. The case calls into question whether a PAGA representative maintains standing…
Continue Reading Mark Your Calendars – PAGA Waivers to be Decided by August 7, 2023Representative PAGA Claims Survive Arbitration Agreements—California Rejects U.S. Supreme Court’s Viking River Holding
The California Court of Appeal dealt another blow to California employers—employees who’s individual PAGA claims are compelled to arbitration now maintain standing to bring their representative PAGA claims in court.
Continue Reading Representative PAGA Claims Survive Arbitration Agreements—California Rejects U.S. Supreme Court’s Viking River HoldingWage Statement Violations – Court Recognizes Good-Faith Dispute Defense
Good news – employers may now argue that wage statement errors were not “willful” as a defense to wage statement claims.
Not everything from Naranjo v. Spectrum Security Services, Inc.…
Continue Reading Wage Statement Violations – Court Recognizes Good-Faith Dispute DefenseSit Down, PAGA
Employers can celebrate a common-sense win for suitable seating PAGA claims—store greeters generally do not need to be provided seating. Last week, a California Superior Court held that even though…
Continue Reading Sit Down, PAGANo Overtime on Overtime – a Qualified Win for Employers
Employers got a rare win in a regular rate case earlier this month. In Lemm v. Ecolab, Inc., the Second District cemented California’s adoption of the percentage of total…
Continue Reading No Overtime on Overtime – a Qualified Win for Employers