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...more
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 legislative session nears its end in the next few weeks, and as usual, state legislators have introduced several bills that will surely affect employers if they become law. Although this session had fewer...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
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
Significant amendments to California’s Private Attorneys General Act (PAGA) were enacted into law recently. This legislation, the result of negotiations among Gov. Newsom, legislators, and labor and business groups, equips...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 Gavin Newsom signed AB 2288 and SB 92, which reformed the Private Attorneys General Act (“PAGA”). PAGA permits an employee who encountered a Labor Code violation to sue an employer for civil...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, Governor Gavin Newsom signed two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA). According to Newsom, “This reform is decades in the making—and it’s a big win for both workers...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 lawmakers released their proposed amendments to California’s Private Attorneys General Act (“PAGA”) in two companion bills: SB 92 and AB 2279. The legislature must vote on the bills by June 27. While the...more
In a move aimed at balancing the interests of businesses and workers, California Governor Gavin Newsom and legislative leaders unveiled an agreement on June 18, 2024, to reform the Private Attorneys General Act (PAGA). Once...more
On January 18, 2024, the California Supreme Court issued a highly anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether trial courts can dismiss Private Attorneys General Act (PAGA) claims as...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
Summary - Emergency Rule 9, which tolled statutes of limitations for six months due to the COVID-19 pandemic, is valid and operates to extend the time to file a civil suit for a PAGA claim as well as the time period to...more
An employee who settled her individual claims against her employer for alleged Labor Code violations was not precluded from subsequently bringing a Private Attorneys General Act (PAGA) enforcement action with the same...more
Considering the intersection of the Private Attorneys General Act (PAGA) and the doctrine of relation back, a California appellate panel found that the doctrine can apply to the statute, opening the door to a subsequent...more
We have long reported about that modern marvel of well-intentioned legislation gone awry known as the Private Attorneys General Act (“PAGA”) – and we also have noted that in practice, PAGA stands for Pretty-much All Goes to...more
We have reported before about the huge jury verdicts that get handed out in California with alarming regularity and California’s sustained #1 ranking as the “Top Judicial Hellhole” in the nation. A corollary problem continues...more
Last month, the California Court of Appeal determined in Khan v. Dunn-Edwards Corp., 2018 Cal.App. LEXIS 44 (Cal. App. 2d Dist. Jan. 4, 2018)(certified for publication), that a former employee’s claim under the Private...more
A recent decision by the California Court of Appeal provides two important reminders for practitioners handling Private Attorneys General Act (“PAGA”) claims. First, exhausting administrative proceedings matters. Second, PAGA...more
From the time of its enactment, the California Private Attorneys General Act of 2004 (“PAGA”) has been a thorn in the side of employers. For example, the California Supreme Court insists PAGA actions are not class actions,...more
We’ve made no secret of the fact that we’re not big fans of the Private Attorneys General Act (PAGA). - PAGA drastically expands the ways that employers can be sued, because employees can sue for violation of statutes...more