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?
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 Court
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, 2023
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 Holding
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 ConditionsI 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
The sharks are starting to circle around PAGA (Private Attorney General Act), a law that many California employers find crazy-making for all the reasons outlined here. PAGA may finally
Continue Reading Will Employers Finally Get Some PAGA Relief in 2022?
The Private Attorney General Act (PAGA) is crazy making for California employers.
In plain English, PAGA allows a Court to award a penalty for each pay period that includes a
Continue Reading Is There Any Viable Defense to a Dreaded PAGA Claim?
During the pandemic when workplaces were closed and employees had to work from home due to Covid-19 restrictions, employers were required to either provide the equipment needed to work from
Continue Reading When & How Much to Pay for Work-From-Home Expenses in a Post Pandemic World
One of the hottest issues in employment law is Whistleblowing.
Continue Reading Whistleblower Protections: Don’t Fire the Messenger!