News & Analysis as of

Standing Labor Code Private Attorneys General Act (PAGA)

Cozen O'Connor

PAGA Reform: A Win for Employers in California

Cozen O'Connor on

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

Allen Matkins

The New PAGA: Proactively Navigating Next Steps to Reduce the Risk of Wage and Hour Lawsuits

Allen Matkins on

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

Husch Blackwell LLP

PAGA Reforms: Not a Panacea but Significant Relief for California Employers

Husch Blackwell LLP on

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

FordHarrison

California Significantly Reforms Private Attorney's General Act

FordHarrison on

Executive Summary: On July 1, 2024, the Governor of California signed two pieces of legislation that significantly amended the Private Attorney’s General Act (“PAGA”), a statute which allows an employee, on behalf of the...more

Dorsey & Whitney LLP

Legislative Action Heralds Sweeping Changes to PAGA, Resulting in Tools for More Effective Administration and Potential to Curb...

Dorsey & Whitney LLP on

The Private Attorneys General Act of 2004 (“PAGA”) has been increasingly criticized as harmful to employers and employees. Well-meaning organizations are forced to expend resources settling often frivolous actions rather than...more

Seyfarth Shaw LLP

PAGA Reform: AB 2288 and SB 92 Passed

Seyfarth Shaw LLP on

PAGA reform was officially introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history, and Governor Newsom signed them into law...more

Proskauer - California Employment Law

PAGA 2.0 – What Employers Need to Know As PAGA Reform Becomes Law

On June 27, 2024, by near-unanimous vote, the California Legislature passed two bills enacting much-needed reform to the Private Attorneys General Act (PAGA). We previously reported on the legislative compromise last week,...more

Davis Wright Tremaine LLP

California Enacts PAGA Reform; November Repeal Initiative To Come Off Ballot

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Proposed Amended PAGA Statute Would Bring Some Relief to Employers

The California Legislature recently introduced two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA)....more

Seyfarth Shaw LLP

PAGA Paraphrased – AB 2288 and SB 92

Seyfarth Shaw LLP on

AB 2288 and SB 92 collectively amount to the most substantive changes ever to be seen to PAGA. The changes include numerous pro-employer provisions which seek to address longstanding concerns such as standing, penalties, and...more

Seyfarth Shaw LLP

PAGA Reform: AB 2288 and SB 92 Introduced

Seyfarth Shaw LLP on

Seyfarth Synopsis: PAGA reform has officially been introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history. The bills have...more

Seyfarth Shaw LLP

Governor Newsom Announces PAGA Reform

Seyfarth Shaw LLP on

Governor Newsom announced that a deal has been made to reform PAGA and take the PAGA initiative off the ballot in November. The Governor’s announcement provides some highlights of what the reform package will include;...more

Payne & Fears

Major PAGA Reform Deal Announced

Payne & Fears on

Governor Newsom, in partnership with legislative leadership and business and labor groups, announced an agreement to reform the Private Attorneys General Act, or PAGA. The proposed agreement includes sweeping changes to...more

Proskauer - California Employment Law

“Prettymuch All Goes to the Attorneys” No More?  Tentative Deal Reached to Reform California’s Broken Private Attorneys General...

Inspired by a push to repeal the Private Attorneys General Act (PAGA) by ballot measure (which we previously covered here and here), and at the urging of Governor Gavin Newsom, stakeholders have reached an agreement in...more

Seyfarth Shaw LLP

PAGA Paraphrased – Balderas v. Fresh Start Harvesting, Inc.

Seyfarth Shaw LLP on

The Second District, following Adolph and not Viking River, confirms that a PAGA plaintiff does not lose standing to pursue a PAGA claim if they “did not file an individual cause of action seeking individual relief.”...more

Fox Rothschild LLP

The California Supreme Court Declares Its Stance on the Effect of Arbitration Agreements on PAGA Standing

Fox Rothschild LLP on

On July 17, 2023, the California Supreme Court delivered its highly anticipated response to the United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022), clarifying the effect of...more

ArentFox Schiff

California Supreme Court Unanimously Decides to Not Follow Viking River

ArentFox Schiff on

In a much-anticipated decision, the California Supreme Court in Adolph v. Uber Technologies unanimously held that a plaintiff, compelled to arbitrate individual claims under the Private Attorneys General Act (PAGA), does not...more

MoFo Employment Law Commentary (ELC)

The California Supreme Court Clarifies PAGA Standing

On July 17, the California Supreme Court issued its opinion in Adolph v. Uber Technologies, Inc. (S274671, Cal. Jul. 2023), holding that an employee who has been compelled to arbitrate claims under the Labor Code Private...more

Meyers Nave

PAGA Standing and Arbitration: What California Employers Need to Know Now That the California Supreme Court Has Spoken

Meyers Nave on

On July 17, 2023, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. With this decision California employers need to understand that plaintiffs do not lose standing when individual...more

Seyfarth Shaw LLP

PAGA Plaintiffs Can Still Pursue Representative Claims Despite Individual Arbitration

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court has held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court. Adolph v. Uber Technologies,...more

Seyfarth Shaw LLP

California Takes the Match With Adolph Ruling

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court in Adolph v. Uber Technologies,...more

Manatt, Phelps & Phillips, LLP

California Supreme Court: Workers Compelled to Arbitration May Still Pursue PAGA Claims in Court

In a highly anticipated ruling, the California Supreme Court has held that employees may still have standing to sue for Labor Code violations in a representative capacity, even when their individual claims have been compelled...more

Carlton Fields

2 Ways Calif. Justices' PAGA Ruling May Play Out

Carlton Fields on

Under California's Private Attorneys General Act, does an aggrieved employee — who has been compelled to arbitrate their individual claims under PAGA and the California Labor Code — maintain statutory standing to pursue PAGA...more

Payne & Fears

PAGA Standing Questions Already Being Answered (by the Court of Appeal)

Payne & Fears on

Recent developments in the California Court of Appeal could impact pending or future Private Attorneys General Act (PAGA) litigation. Though many employers anxiously await a decision in the pending California Supreme Court...more

Akin Gump Strauss Hauer & Feld LLP

California Trial Courts Continue To Interpret Johnson v. Maxim Healthcare Narrowly When Applying PAGA’s One-Year Statute of...

Last year, the California Court of Appeal raised eyebrows by ruling that a plaintiff could pursue a Private Attorneys General Act (PAGA) claim for alleged violations of Labor Code Section 432.5, even though the statute of...more

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