The Private Attorneys General Act (PAGA) has been in the news lately with a proposed state Proposition seeking to reform it, and the Supreme Court taking up a case regarding PAGA and arbitrations. Though recent developments give hope to employers that some limitations will be placed on PAGA claims, the filing of PAGA
PAGA
Proposition to Reform PAGA Approved to Collect Signatures
By Cary G. Palmer on
Posted in PAGA
Under California’s Private Attorneys General Act (PAGA), an “aggrieved employee” may bring a representative action on behalf of him or herself and other “aggrieved employees” for civil penalties for various violations of the California Labor Code. (Labor Code §§2698, et seq.) PAGA cases have become increasingly more frequent for various reasons, including the fact…
Limited Exemption to PAGA for Some Janitorial Employees
By Lisa Barnett Sween & Hardev S. Chhokar on
Posted in PAGA
On September 27, 2021, Governor Newsom signed Senate Bill 646 (SB 646), which limits janitorial employees represented by a labor organization and covered by a collective bargaining agreement (CBA) in effect before July 1, 2028, from filing suit under the Private Attorneys General Act of 2004 (California Labor Code § 2689, et seq.)(PAGA).
Under…
California Court of Appeal Holds Courts Have Authority to Ensure that PAGA Claims Are Manageable
By Mia Farber on
Posted in PAGA
While California’s Private Attorneys General Act (PAGA) is often compared to class actions, many of the rules and regulations governing class actions are not present. And applying considerations like manageability to PAGA claims has caused California trial courts much consternation.
However, recently the California Court of Appeal for the Second Appellate District has provided some…
$102 Million Pay Stub, Meal Break Judgment Against Walmart Reversed
By Mia Farber & Scott P. Jang on
Posted in PAGA
In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage statement and meal-break provisions. The decision is Magadia v. Wal-Mart Associates, Inc., May 28, 2021, No. 19-16184.
The…
Private Attorneys General Act Round-Up for 2020
By Mia Farber & Scott P. Jang on
Posted in PAGA
2020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims.
The California courts focused on two issues involving PAGA this year:
- Can a Plaintiff proceed with their PAGA claim (standing)?
- Can a Defendant compel arbitration when there is a PAGA
…
California Supreme Court Holds Settlement of Individual Claims Does Not Strip an Employee of Standing Under the Private Attorneys General Act
By Kelly D. Gemelli & Jason R. Dawson on
Posted in PAGA
The California Supreme Court has weighed in on who is an aggrieved employee under the Private Attorneys General Act (PAGA) in Kim v. Reins International California, Inc. The issue before the court was, does an employee bringing an action under PAGA lose standing to pursue representative claims as an “aggrieved employee” by settling and…
Legislature Considers More Time to Cure Wage Statement Violations
By Arcelia N. Magaña & Kelly D. Gemelli on
Posted in PAGA, Wage and Hour
Employers all over the State of California have been waiting earnestly for over two years for the California Supreme Court to issue its opinion in Kim v. Reins International California. A ruling that will decide whether a settling employee remains an aggrieved employee for purposes of the Private Attorneys General Act (PAGA). The wait…
California Supreme Court Hears Oral Argument on Whether a Settling Employee is an “Aggrieved Employee” for Purposes of Proceeding with a Claim under the Private Attorneys General Act
By Scott C. Lacunza on
Posted in PAGA
In Kim v. Reins International California, Inc. 18 Cal.App.5th 1052 (2017), the California Court of Appeal for the Second Appellate District held an employee-plaintiff that settled and dismissed his individual claims was no longer an “aggrieved employee” for purposes of standing to bring a claim for civil penalties under the Private Attorneys General Act…
Newsom Signs Law Increasing Penalties Available to Workers
By James C. Anderson & Evan D. Beecher on
Posted in PAGA, Wage and Hour
On October 10, 2019, Governor Gavin Newsom signed AB 673 into law, expanding an employee’s right to collect penalties for an employer’s failure to timely pay wages.
Prior to the enactment of AB 673, Labor Code section 210 provided a penalty that was directly recoverable by the Labor Commissioner or by an employee authorized to…