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This is the second of a three-part series addressing the changes in California’s Private Attorneys General Act. Below, we discuss an employer’s opportunity to cure alleged PAGA violations...more
California's Private Attorneys General Act, better known as PAGA, has been in effect since 2004. PAGA allows employees to sue their employer on behalf of the state for virtually any claimed California Labor Code violation for...more
Last week, Governor Newsom signed Assembly Bill (AB) 2288 and Senate Bill (SB) 92, which amended California’s Private Attorneys General Act (PAGA). Since 2004, PAGA has created challenges for California employers because it...more
Assembly Bill 2288 and Senate Bill 92 were introduced on 21 June 2024, both of which proposed significant reforms to California’s Private Attorneys General Act of 2004 (PAGA). On 1 July 2024, Governor Gavin Newsom signed...more
California’s Private Attorneys General Act (“PAGA”) has undergone substantial, and arguably overdue, reform by way of dual legislative measures - Assembly Bill 2288 and Senate Bill 92. PAGA 2.0 will apply to PAGA civil...more
On June 27, 2024, California Governor Gavin Newsom signed Assembly Bill 2288, thereby reforming PAGA and amending Labor Code Section 2699. Passed in 2004, PAGA authorizes aggrieved employees to file lawsuits to recover civil...more
On July 1, 2024, Governor Newsom signed legislation that makes significant changes to California's notorious Private Attorneys General Act (PAGA) to become effective immediately as an urgency measure. While the new...more
On July 1, 2024, California Governor Gavin Newsom signed two legislative bills (AB 2288, amending Labor Code Section 2699; and SB 92, amending Section 2699.3) into law, effective July 1, 2024. The new law significantly...more
The comprehensive reform of California’s Private Attorneys General Act is now the law. The PAGA reform (AB 2288 and SB 92) was a result of an agreement approved by Governor Newsom that removed the vote on the repeal of PAGA...more
On July 1, 2024 Governor Newsom signed SB-92 and AB-2288 into law, which instituted sweeping reforms to California’s Private Attorneys General Act (“PAGA”). PAGA was passed 20 years ago to provide a private mechanism for...more
On July 1, 2024, California Governor Gavin Newsom signed two bills, Senate Bill 92 and Assembly Bill 2288, that amend the state’s Labor Code Private Attorneys General Act (PAGA), which deputizes private parties to enforce the...more
California Governor Gavin Newsom announced last week that an agreement to reform the Private Attorneys General Act of 2004 (PAGA) had been reached by legislative leadership, labor organizations, and business groups. Prompted...more
When is an employer’s violation of providing employees with wage statements knowing and intentional, triggering financial penalties? Taking its second look at the case, the California Supreme Court ruled that an...more
In Naranjo v. Spectrum Security Services, Inc., Case No. S279397 (May 6, 2024), the California Supreme Court held that if an employer reasonably and in good faith believed it was providing a complete and accurate wage...more
In a favorable ruling for employers defending against wage statement compliance claims, the California Supreme Court in Naranjo v. Spectrum Services Inc. (Naranjo) settled an age-old dispute by determining that an employer...more
On Monday May 7, the California Supreme Court confirmed, in Naranjo v. Spectrum Securities Services, Inc., S279397.PDF (ca.gov), that penalties authorized under Labor Code Section 226 (“Section 226”) for “knowing and...more
Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to...more
The California Supreme Court sides with employees in Naranjo v. Spectrum Security Services, finding derivative claims available for waiting time and pay stub penalties available for meal and rest break violations. This...more
The California Supreme Court ruled Monday that any premiums paid to employees who are unable to take a full and timely meal or rest period should be considered “wages,” which not only triggers two key obligations on the part...more
In another unfavorable ruling for employers that stresses the importance of meal period and wage statement compliance, the California Supreme Court has held in Naranjo v. Spectrum Security Services, Inc. that meal period and...more
Christmas came early this year for California employers. Bucking the trend of unrelentingly bad news for employers in the state, the California Court of Appeal has held that the default (lower) penalties found in the Labor...more
The hyper-technical nature of California’s wage statement laws, embodied in Labor Code section 226, have made violations of this law a favorite of the plaintiffs’ bar for class and representative actions under the Private...more
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
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...more
Noori v. Countrywide Payroll & HR Solutions, Inc., 2019 WL 7183403 (Cal. Ct. App. 2019) - Mohammed Noori sued his former employer for violation of Cal. Lab. Code § 226(a) (setting forth certain very specific statutory...more