California Governor Gavin Newsom has issued Executive Order N-6-26, a “first-in-the-nation” order aimed at preparing workers, businesses, and communities for potential workforce disruption associated with artificial intelligence. While the order does not create immediate new compliance obligations for employers, it is an important development for California businesses because it previews where state policy, regulation
LWDA Announces Proposed PAGA Regulations
By Scott P. Jang & Andrea F. Oxman on
Posted in PAGA
The California Labor and Workforce Development Agency (LWDA) has issued a Notice of Proposed Rulemaking to adopt new Private Attorneys General Act (PAGA) regulations.
These proposed rules are intended to implement and clarify PAGA procedures that were substantially amended by legislative reforms in 2024, including more detailed notice requirements, expanded administrative “cure” processes, and…
Explaining California’s Private Attorneys General Act
Posted in PAGA
Employers in California more than likely have heard of the Private Attorneys General Act, commonly referred to as PAGA. However, understanding what it is, how it functions, and how it can affect them can be challenging.
PAGA is a California statute passed in 2004 to assist the State with its obligation to enforce the California…
California’s Governor Proclaims a State of Emergency for Bird Flu
By Joshua M. Henderson & Sierra Vierra on
Posted in CalOSHA
On December 18, 2024, Governor Newsom proclaimed a State of Emergency to streamline and expedite the state’s response to Avian influenza A (H5N1), commonly known as “Bird Flu.”
This may give many employers flashbacks to the COVID-19 Pandemic and shelter-in-place requirements. Currently, it is not that type of emergency. However, there are some mandates that…
New California PAGA FAQ
By Cary G. Palmer & Leonora M. Schloss on
Posted in PAGA
The California Labor & Workforce Development Agency (LWDA) recently published Frequently Asked Questions (FAQ) on the Private Attorneys General Act (PAGA), providing an overview of the complicated law and the recent amendments.
The FAQ covers PAGA basics and provides guidance to employers on the new procedures introduced by the recent amendments.
Covered Employers…
PAGA Reform Is Coming!
By Mia Farber on
Posted in PAGA
On June 18, 2024, Governor Newsom announced a deal had been reached with the legislature and business groups to reform California’s Private Attorneys General Act (PAGA).
The agreement apparently comes after several months of negotiations between various business groups that had been pushing forward a ballot measure to repeal PAGA and labor advocates.
The following…
Ask A Litigator: What Do Employers Need to Know About PAGA?
By Mia Farber & Shannon Bettis Nakabayashi on
Posted in PAGA
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…
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
…
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…
Plaintiffs Cannot Bring PAGA Claims If They Fail to Give Notice of a Representative Action
By Hazel U. Poei & Jackson Lewis P.C. on
Posted in Labor Code, PAGA
In Hamid H. Khan v. Dunn-Edwards Corporation (January 4, 2018), the California Court of Appeal for the Second Appellate District held that the plaintiff failed to comply with required administrative procedures prior to bringing a claim under the California Private Attorneys General Act (“PAGA”) because he failed to provide sufficient notice to the California Labor…