Join us for a complimentary webinar during which CDF partners will discuss the new iteration of California’s Private Attorneys General Act (PAGA) and related legal developments while providing attendees with strategic...more
On June 17, labor and business groups reached an agreement with California Governor Newsom to reform California’s Private Attorneys General Act (PAGA). A summary of the deal was announced the following day. The proposed...more
6/25/2024
/ Arbitration ,
Arbitration Agreements ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
State Labor Laws
Yesterday, California Governor Gavin Newsom announced that labor and business groups concluded their ongoing negotiations and reached an agreement to reform California’s Private Attorneys General Act (PAGA). The agreement is...more
6/19/2024
/ California ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Labor Reform ,
Private Attorneys General Act (PAGA) ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
This week, the California Supreme Court filed a decision in Naranjo v. Spectrum Security Services, Inc., S279397, holding that “an employer’s objectively reasonable, good faith belief that it has provided employees with...more
On January 18, 2024, the California Supreme Court issued its opinion in Estrada v. Royalty Carpet Mills, Inc., concluding that trial courts do not have inherent authority to strike a PAGA claim on the grounds that it is...more
Last week a trial court in Alameda County entered an order permitting Hobby Lobby Stores, Inc. to recover nearly $125,000 in costs from the California Labor and Workforce Development Agency (LWDA). Hobby Lobby incurred these...more
1/4/2024
/ Cost-Shifting ,
DLSE ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fee-Shifting ,
Hobby Lobby ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Labor Law Violations ,
Legal Costs ,
Private Attorneys General Act (PAGA) ,
State Labor Laws
Join us on September 26 for a comprehensive webinar hosted by CDF as we delve into the crucial subject of arbitrating PAGA claims, exploring its implications following the California Supreme Court's landmark decision in...more
9/15/2023
/ Arbitration ,
Arbitration Agreements ,
Best Practices ,
CA Supreme Court ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Continuing Legal Education ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Uber ,
Webinars
As anticipated, earlier this week, the California Supreme Court broke from the U.S. Supreme Court’s Viking River Cruises v. Moriana decision, and further tipped the scales in favor of PAGA plaintiffs in California by holding...more
In a pro-employer decision addressing the overlap of federal and California wage and hour law, the California Court of Appeal for the Second Appellate District upheld summary adjudication for the employer, finding that the...more
1/12/2023
/ Bonuses ,
Corporate Counsel ,
DLSE ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Law Violations ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour
Setting Sail for PAGA Litigation After Viking River With the recent United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, the landscape of California's Private Attorneys General Act (PAGA) has...more
Wednesday, the United States Supreme Court issued a highly anticipated decision in Viking River Cruises v. Moriana. The decision addresses the apparent conflict between the Federal Arbitration Act (FAA) and California’s...more
6/17/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Federal v State Law Application ,
Iskanian v CLS Transportation ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
Clouds lurk over the once-golden state of PAGA. California courts have finally started to take aim at unwieldy representative claims alleging numerous violations against all non-exempt employees across the state. The United...more
Thousands of employers operating in California have the unfortunate experience of defending a lawsuit filed under California’s infamous Private Attorneys General Act (PAGA). Data from the state’s Labor and Workforce...more
Healthcare employers are not immune to the outbreak of wage and hour and PAGA claims that are plaguing California businesses. As healthcare is one of the largest and fastest-growing industries in the country, it places a...more
9/24/2021
/ Best Practices ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Health Care Providers ,
Healthcare Workers ,
Misclassification ,
Off-The-Clock ,
Over-Time ,
Physicians ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Unpaid Wages ,
Vaccinations ,
Wage and Hour ,
Webinars
On Wednesday, a Ninth Circuit panel lifted an injunction that prevented California from enforcing a law that prohibited employers from requiring employees and applicants to arbitrate work-related claims....more
In a case of first impression, last week, the Second District California Court of Appeal held that judges have inherent authority to limit, and even strike, unmanageable PAGA claims. ...more
9/13/2021
/ Affirmative Defenses ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Judicial Authority ,
Misclassification ,
Non-Exempt Employees ,
Private Attorneys General Act (PAGA) ,
Staples ,
Wage and Hour
CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...more
9/7/2021
/ Best Practices ,
Cal-OSHA ,
Collective Bargaining ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Diversity ,
Employee Retention ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Health Care Providers ,
Healthcare Workers ,
Hiring & Firing ,
Hospitals ,
Human Resources Professionals ,
Internal Investigations ,
Labor Regulations ,
Misclassification ,
NLRB ,
Off-The-Clock ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Remote Working ,
Rest and Meal Break ,
Social Justice Issues ,
Time-Off Policies ,
Unions ,
Unpaid Wages ,
Vaccinations ,
Wage and Hour ,
Webinars ,
Workplace Safety
Developments during the COVID-19 pandemic have left a dark cloud of uncertainty for employers in the Golden State, and have led to many new claims under the Private Attorneys General Act (PAGA). This webinar will cover how...more
8/23/2021
/ Bonuses ,
Business Operations ,
Compensation ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Human Resources Professionals ,
Jurisdiction ,
Litigation Strategies ,
Private Attorneys General Act (PAGA) ,
Rate of Pay ,
Remote Working ,
Rest and Meal Break ,
Risk Mitigation ,
Standing ,
Timekeeping ,
Venue ,
Wage and Hour ,
Wage Statements ,
Webinars ,
Workplace Safety
Last week the California Court of Appeal, Fourth Appellate District, dropped a bombshell on employers by opining that an employee has standing to pursue PAGA penalties even if she only claims to have suffered a Labor Code...more
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court concluded that when an employer fails to provide an employee with a compliant rest or meal break, the employee is entitled to a premium payment of one hour...more
7/20/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Labor Regulations ,
Over-Time ,
Rate of Pay ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour
The Ninth Circuit in Magadia v. Wal-Mart Associates, Inc., No. 19-16184 (May 28, 2021) (“Magadia”), recently provided what is perhaps the first hopeful road map for employers to defend themselves against PAGA claims since a...more
6/8/2021
/ Cause of Action Accrual ,
Employer Liability Issues ,
Labor Code ,
Labor Law Violations ,
Meals-Gifts-and Entertainment Rules ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Qui Tam ,
Unfair Labor Practices ,
Wage and Hour ,
Wage Statements ,
Wal-Mart
On February 23, 2021, a unanimous Ninth Circuit panel held in the decision of Bernstein v. Virgin America Inc. (Case No. 19-15382) that employers are not subject to heightened penalties for subsequent violations under the...more
2/25/2021
/ Airline Employees ,
Civil Monetary Penalty ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Statutory Interpretation ,
Wage and Hour
This week, the Ninth Circuit Court of Appeals held that an employer’s per diem expense reimbursement payments functioned as compensation for work rather than business expense reimbursements. As a result, the employer was...more
The Ninth Circuit Court of Appeals recently upheld the Federal Motor Carrier Safety Administration’s (FMCSA) determination that federal law preempts California’s meal and rest break requirements as to drivers of...more