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
Posts Tagged With: PAGA
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
Employers’ Group Sues California Claiming PAGA is Unconstitutional
Last week, an employers’ group that represents small and medium sized business across California sued the State claiming that its Private Attorneys General Act (“PAGA”) statute was unconstitutional. As readers of this blog know, PAGA is a controversial state statute, found in the Labor Code, that allows an individual employee to “stand in the shoes… Read More
Corporate Owners and Officers are Individually Liable for PAGA Penalties
Readers of this blog know the potent plaintiff’s weapon that is California’s Private Attorneys General Act (“PAGA”). PAGA allows an individual employee to “stand in the shoes of the State” and sue his employer for civil penalties flowing from the employer’s wage-and-hour violations. What makes PAGA so devastating for employers is that the employee is… Read More
Arbitration Agreements — A Seawall to Surging PAGA Lawsuits?
Since its passage in 2004, California’s Private Attorneys General Act (“PAGA”) has been a weapon used by employees and their lawyers across California. PAGA allows one “aggrieved employee” to sue his/her employer in a representative capacity and to recover penalties and attorneys’ fees for technical violations of the California Labor Code suffered by that one employee… Read More
Accidental Pay Stub Violations Create PAGA Liability
What happens when an employer inadvertently hands out pay stubs that the employer does not realize are missing some required information? Well, given that this is California, you can probably guess the answer.
CA Supreme Court — Employees Have Broad Discovery Rights in PAGA Actions
Yesterday, in a unanimous 7-0 opinion, the California Supreme Court held in Williams v. Marshalls of CA that plaintiffs suing employers in Private Attorneys General Act (PAGA) are entitled to broad discovery rights. Specifically, the Court held that PAGA plaintiffs can force an employer-defendant to turn over the names and contact information of other current and former… Read More
