On June 15, 2022, in a blockbuster case known as Viking River Cruises, Inc. v. Moriana, the U.S. Supreme Court finally answered a burning employment law issue here in California – whether California’s rule prohibiting the use of arbitration agreements to force an employee to waive her right to bring a representative action under PAGA… Read More
Posts Tagged With: PAGA
Coming Right Up! New Wage and Hour Laws Effective January 1, 2022
California’s 2021 legislative session has ended, and with it came a number of new wage and hour laws going into effect on January 1, 2022. Each of these latest Assembly Bills (“AB”) and Senate Bills (“SB”) impact employers in various industries. California employers should review and plan to implement whatever changes apply to their businesses… Read More
Court of Appeals Confirms That Arbitration Agreements Won’t Protect Employers from PAGA Litigation
California’s Private Attorneys General Act (“PAGA”) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for violations of the California Labor Code. Lawsuits brought under PAGA have resulted in employers paying millions of dollars in penalties that the state almost certainly would not have… Read More
The Skies Just Got Friendlier for Employers
On June 29, 2020, the California Supreme Court ruled in favor of employers in a trio of cases involving flight attendants and pilots who brought various wage and hour claims (both individual and PAGA) against their respective airline employers for non-compliant wage statements and other violations of California’s Labor Code. Each of the cases was… Read More
CA Supreme Court Rules that PAGA Claims Survive Even if Underlying Claims are Settled
California employment law is notoriously volatile. The ever-changing landscape – especially as related to Labor Code violations and cases brought under California’s wide-ranging Private Attorneys General Act (“PAGA”), which authorizes representative actions for Labor Code violations – can make it challenging for employers to find certainty in how they plan for potential claims and address… Read More
Employees Can Now Seek Civil Penalties For Late Wages
Starting January 1, 2020, California employees will be able to seek penalties from their employers directly for late payment of wages. If you are wondering thinking employees were already able to do that, you are partially right. On October 10, 2019, Governor Newsom signed Assembly Bill 673 (“AB 673”), which amends California Labor Code § 210… Read More
California Supreme Court Gives Employers a PAGA Victory
In a rare “win” for California employers, the California Supreme Court recently ruled in ZB, N.A. v. Superior Court that the “underpaid wages” authorized by Labor Code §558 are not recoverable in a PAGA action. California’s Private Attorneys General Act (PAGA) As readers of this blog know well, PAGA permits an “aggrieved employee” to bring an… Read More
Missed Meal/Rest Periods Don’t Trigger Waiting Time Penalties
The California Court of Appeals recently ruled in Naranjo v. Spectrum Security Services that an employer’s failure to pay meal or rest period premium pay for an employee who is denied a meal period does not trigger derivative (a) waiting time penalties under Labor Code §203, or (b) pay stub violation penalties under Labor Code… Read More
EPLI Insurance May Cover Some Wage-and-Hour Claims
Employment practices liability insurance (“EPLI”) policies often contain explicit language that excludes from coverage or defense claims that are based on any federal or state wage-and-hour laws. Recently, the California Fourth Circuit Court of Appeal gave employers a glimmer of hope – and an incentive to push back if a carrier initially rejects either coverage… Read More
An Employee’s Single PAGA Claim Cannot Be Split into Arbitration and Litigation Pieces
Back in 2014, the California Supreme Court ruled in Iskanian v. CLS Transportation Los Angeles that an individual employee who has signed a mandatory arbitration agreement may be compelled to arbitrate his “individual damages claims.” However, if that employee joins a representative PAGA claim to his other damages claims, that PAGA claim cannot be sent to arbitration… Read More
