News & Analysis as of September 14, 2024

Labor Code

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

PAGA Reform: A Win for Employers in California

Cozen O'Connor on 7/17/2024

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

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

Allen Matkins on 7/11/2024

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

PAGA Reform: Everything You Need To Know

Fox Rothschild LLP on 7/10/2024

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

California Governor Signs PAGA Reform Legislation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/5/2024

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

PAGA Reform: AB 2288 and SB 92 Passed

Seyfarth Shaw LLP on 7/2/2024

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

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

Proskauer - California Employment Law on 7/2/2024

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

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

Davis Wright Tremaine LLP on 7/1/2024

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

Proposed Amended PAGA Statute Would Bring Some Relief to Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/26/2024

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

PAGA Paraphrased – AB 2288 and SB 92

Seyfarth Shaw LLP on 6/25/2024

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

PAGA Reform: AB 2288 and SB 92 Introduced

Seyfarth Shaw LLP on 6/24/2024

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

Navigating the Challenges of California’s PAGA Law: Insights for Employers

Falcon Rappaport & Berkman LLP on 2/5/2024

California’s Private Attorneys’ General Act, or PAGA, just celebrated its 20th birthday despite repeated, failed attempts at its repeal. California’s Labor Code is among the strictest in the nation and California law affords...more

Key California Employment Law Case Summaries: August 2023

Payne & Fears on 9/22/2023

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

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

Fox Rothschild LLP on 8/8/2023

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

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

Akin Gump Strauss Hauer & Feld LLP on 8/25/2022

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

How an Insufficient LWDA Notice Led to a Dismissal with Prejudice for One PAGA Plaintiff

Akin Gump Strauss Hauer & Feld LLP on 2/7/2022

On January 14, 2022, in Lehauli v. All Nippon Airways Co., Case No. 21STCV02847, Judge Holly J. Fujie of the Los Angeles Superior Court granted the defendant’s motion for judgment on the pleadings, finding that the plaintiff...more

PAGA Settlement May Release Claims from Outside of the Limitations Period

Akin Gump Strauss Hauer & Feld LLP on 10/20/2021

On September 28, 2021, the California Court of Appeal (4th District) issued a counterintuitive decision in Amaro v. Anaheim Arena Mgmt., LLC, Case No. G058371, holding that a PAGA settlement may release claims from outside of...more

Not So Fast: Trial Courts Finding PAGA’s Statute of Limitations Is Still Alive and Well After Johnson v. Maxim Healthcare

Akin Gump Strauss Hauer & Feld LLP on 10/18/2021

Earlier this year, the California Court of Appeal ruled that a plaintiff was permitted to pursue a PAGA claim for alleged violations of Labor Code Section 432.5, even though the statute of limitations on her individual claim...more

California Employment Legislative Update: Time for Governor Newsom to Get to Work

Seyfarth Shaw LLP on 9/4/2020

Seyfarth Synopsis: The California Legislature has passed a series of employment-related bills for Governor Newsom to consider. He has until September 30 to approve or veto these bills, most of which relate to leaves of...more

California Employment Law Notes - July 2015

Proskauer - California Employment Law on 7/17/2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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Statute of Limitations › Private Attorneys General Act (PAGA) › Labor Code

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