California Labor Code Private Attorneys General Act

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An amendment to California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”) affords an employer the right to cure certain wage statement violations before an employee may bring a civil suit against the employer.

This is a win for employers. The amendment, AB 1506, provides employers the right to cure a violation of failing to provide its employees with a wage statement containing the inclusive dates of the pay period and the name and address of the legal entity that is the employer, as required under California Labor Code section 226(a). The amendment, signed by Governor Jerry Brown on October 2, 2015, is effective immediately.
Continue Reading Representative PAGA Law Allows Curing of Certain Wage Statement Violations

In the uncertain world of the California Labor Code Private Attorneys General Act (“PAGA”), employers enjoyed a significant victory in Williams v. Superior Court (Marshalls) (Ct. App. 2d Dist. May 15, 2015), Case No. B259967. In Williams, the California Court of Appeal upheld a lower court order limiting a plaintiff’s request for the names and contact information of other non-exempt employees to those employees in the plaintiff’s work location until after he had “been deposed ‘for at least six productive hours’” regarding the facts supporting his statewide allegations. Williams is a significant limitation on a plaintiff’s ability to impose burdensome discovery obligations on an employer before the plaintiff makes a factual showing that “some reason exists to suspect [the employer’s] local practices extend statewide.”
Continue Reading PAGA: Trial Court May Limit Scope Of Discovery To Plaintiff’s “Local Claims” Before Plaintiff Makes Showing Of Statewide Practices