Archives: PAGA

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California Supreme Court Clarifies Discovery under PAGA

Emphasizing the broad right of discovery and the remedial nature of the California Private Attorneys General Act of 2004, the California Supreme Court has ruled that, in pretrial discovery, plaintiffs under PAGA has a right to employer records containing other employees’ names and contact information. Williams v. Marshalls of California, LLC, No. S227228 (July 13, … Continue Reading

Don’t Assume PAGA Claims Are Not Arbitrable: Ninth Circuit Reverses District Court Order Denying Motion To Compel Arbitration of PAGA Claim

On March 3, 2017, in an unpublished decision in Valdez v. Terminix International Company Limited Partnership, Case No.15-56236, the U.S. Court of Appeals for the Ninth Circuit reversed a District Court order denying defendant Terminix International Company Limited Partnership’s (Terminix) motion to compel arbitration of plaintiff Palcido Valdez’s (Valdez) claim for penalties for violation of … Continue Reading

Ninth Circuit Finds Uber’s Arbitration Agreements Enforceable After All

On September 7, 2016, the Ninth Circuit Court of Appeals in Mohamed v. Uber Technologies, Inc. largely overturned the District Court’s ruling which had held Uber’s arbitration agreements to be unenforceable.  Last year, the District Court had held that the arbitration agreements were unconscionable due to the inclusion of a waiver of claims brought under … Continue Reading

New PAGA Amendments – What Employers Doing Business in California Need to Know

We previously reported on Governor Brown’s 2016/2017 budget change proposal as something employers should monitor.[1]  The proposal included increased funding for the Labor & Workforce Development Agency (“LWDA”), the agency responsible for overseeing the Private Attorneys General Act of 2004 (“PAGA”).  The budget proposal also contained recommendations for widespread changes to the way PAGA cases … Continue Reading

State Budget Proposal Seeks to Reduce PAGA Litigation Through Increased State Oversight

On January 7, 2016, Governor Brown’s office submitted a 22-page Budget Change Proposal for 2016-2017 (http://web1a.esd.dof.ca.gov/Documents/bcp/1617/FY1617_ORG7350_BCP474.pdf) in an effort to “stabilize and improve the handling of Private Attorneys General Act cases.” Background Enacted in 2003, the Private Attorneys General Act (PAGA) enables private parties to recover penalties for certain Labor Code violations that could previously … Continue Reading

Governor Brown’s Proposed PAGA Unit May Have Power to Challenge PAGA Settlement in Court

The budget change proposal for the 2016/17 Fiscal Year [document: <http://web1a.esd.dof.ca.gov/Documents/bcp/1617/FY1617_ORG7350_BCP474.pdf>] submitted by Governor Brown last month contains significant proposed changes to the operation of the Labor & Workforce Development Agency (“LWDA”), the agency responsible for overseeing the Private Attorney Generals Act of 2004 (“PAGA”)   including the creation of a “PAGA Unit” with the … Continue Reading
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