It is so great to work with super smart people. Our Los Angeles partner, Steven P. Gallagher, is so knowledgeable that he was tapped by LexisNexis to write a
Continue Reading Kudos to Steven Gallagher and his Practice Guidance on PAGA!Private Attorneys General Act (PAGA)
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85% Discount on PAGA Claims
The PAGA reform (click here for a full analysis) caps penalties at 15% or 30% for employers that take “all reasonable steps” to comply with the law. This…
Continue Reading 85% Discount on PAGA ClaimsPAGA Reform Deal In Place!
California’s legislative leaders and Governor Newsom reached an agreement on reforms to the Private Attorney Generals’ Act which will change the landscape of PAGA going forward. PAGA has cost businesses…
Continue Reading PAGA Reform Deal In Place!PAGA Dischargeable in Bankruptcy?
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?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 CourtMark 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 HoldingCalifornia Employers Banned from Retaliating Against Employees for Refusing to Report to Work During Emergency Conditions
With so many natural disasters in the news, it is no surprise that California is taking steps to protect employees who are subject to them. Last week, California’s Governor Gavin…
Continue Reading California Employers Banned from Retaliating Against Employees for Refusing to Report to Work During Emergency ConditionsFate of PAGA’s Inclusion In Class Action Waivers in SCOTUS’ Hands
I am not usually a policy wonk, and I often think in terms of concepts not cases. However, I must say that listening to the US Supreme Court’s oral argument…
Continue Reading Fate of PAGA’s Inclusion In Class Action Waivers in SCOTUS’ Hands