Private Attorneys General Act (PAGA)

The Private Attorneys General Act (PAGA) allows plaintiffs to sue for violations of California Labor Code provisions that don’t provide a private right of action. Why? According to the Act’s legislative history, as the state supreme court noted in Iskanian v. CLS Transportation, “there was a shortage of government resources to pursue enforcement.” Thus,

For lawyers who defend wage and hour cases in California, “PAGA” is a four-letter word. The Private Attorneys General Act allows private employees to sue to recover penalties that the state labor commissioner could have collected. Employers and their attorneys dislike PAGA for these reasons:

  • It drastically expands the ways that employers can be sued,

We’ve written throughout the year about new employment laws that take effect in California in 2016. But as the year winds down, here’s a handy list of the most significant ones (with links to our earlier entries). Unless noted otherwise, the laws take effect on January 1, 2016.

  1. California’s Fair Pay Act (SB 358

As we’ve discussed, while AB 1506 scales back certain PAGA claims, it doesn’t change what information must be included on every employee’s regular wage statement. Labor Code § 226 requires that each itemized wage statement include:

  1. Gross wages earned;

    Copyright: andrewgenn / 123RF Stock Photo
    Copyright: andrewgenn / 123RF Stock Photo

  2. Total hours worked by

On Friday, Governor Jerry Brown signed AB 1506, which is intended to lessen certain types of employer liability under California’s Private Attorneys General Act. PAGA allows private employees to sue to recover penalties that the state labor commissioner could have collected. It’s been a huge headache for employers. In addition to drastically expanding the

Here’s yet another post from Dave Faustman. This time he discusses today’s decision in Iskanian v. CLS Transportation, in which Fox Rothschild LLP represented the employer.

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Today, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS on whether employees signing arbitration agreements can be required to waive participation in