On February 26, 2025, in Parra Rodriguez v. Packers Sanitation, Inc., the California Court of Appeal (Fourth Appellate District) issued the latest published decision addressing the practice of filing so-called “headless” Private Attorneys General Act (PAGA) claims. In such cases, the plaintiff seeks civil penalties for all allegedly aggrieved employees except themself. In the wake of Viking River Cruises, Inc. v. Moriana, 596
You Can’t Spell “Aggrieved Employees” Without an “I”: PAGA Claims Cannot be Headless
In yet another attempt to avoid arbitration agreements, plaintiffs’ lawyers in the wake of the blockbuster court decisions in Viking River Cruises, Inc. v. Moriana and Adolph v. Uber Technologies, Inc. began filing so-called “headless” claims for civil penalties under the Labor Code Private Attorneys General Act (“PAGA”). In such cases, the plaintiff seeks civil penalties for all allegedly aggrieved employees except themself. Thus, these
A Glimmer of Hope for Employers Defending Against PAGA Claims
The future of PAGA continues to look a bit brighter for employers as new favorable case law emerges. We previously reported on Turrieta v. Lyft, Inc. wherein the California Supreme Court ruled that PAGA plaintiffs have no standing to intervene in parallel PAGA lawsuits. We are now happy to report that another “win” for employers has come out of Second Appellate District of the Los
The Case for a PAGA Adequacy Requirement
In Arias v. Superior Court, 46 Cal. 4th 969 (2009), the California Supreme Court ruled that Private Attorneys General Act (PAGA) actions need not satisfy class action requirements, and in the fourteen years since, PAGA plaintiffs have routinely (and often successfully) resisted attempts to apply class action principles to PAGA actions. A recent unpublished California Court of Appeal decision bucks that trend by lending
It May Be Time To Update Those Arbitration Agreements Again!
Back in the “good old days,” arbitration agreements barred just about any type of civil litigation that was filed in court. Then, as we reported in 2014, the California Supreme Court determined that Private Attorneys General Act (“PAGA”) claims are immune from arbitration in Iskanian v. CLS Transp. Los Angeles, LLC – which, unsurprisingly, led to an avalanche of PAGA claims being filed as plaintiffs’
California Concludes It’s Been Too Hard On Employers, Offers Apology (Nah, Just Kidding!)—A New Raft Of “Job-Killer” Bills Is Heading This Way!
Spring in California can only mean one thing, and no, it’s not Coachella, Dodgers games or even the return of the swallows to San Juan Capistrano—it’s the annual release of the California Chamber of Commerce’s list of “Job Killer Bills.”
Once again, this list proves that former California Governor Jerry Brown had it right when he wrote in a legislative veto message: “Not every
California’s War On The Fast-Food Industry Continues
In the California Legislature’s latest attack on the fast-food industry, Assemblymember Chris Holden (D-Pasadena) introduced the Fast Food Franchisor Responsibility Act (“AB 1228”). AB 1228 was introduced shortly after a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB 257) from taking effect, pending a vote by
IRS Increases Mileage Rate for 2023
On January 1, 2023, the IRS mileage rate increased to 65.5 cents per mile for driving done for business purposes. This is a three (3) cent increase from the rate set for the second half of 2022. According to the IRS, this rate applies “to electric and hybrid-electric automobiles, as well as gasoline and diesel-powered vehicles” and was calculated “based on an annual study
California Mandatory Postings and Pamphlets – What’s New for 2023
California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights. Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices will be updated. The eight (8) notices that will be updated are the following:
1. California Minimum Wage;
2. Family Care and Medical Leave and Pregnancy Disability Leave;
3. Your Rights and Obligations
California Creates Unelected Council to Set Minimum Wages/Working Conditions of 500,000 Fast Food Workers
On September 5, 2022, Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act (AB-257). In a breathtaking move, the state government, which is dominated at all levels by union-friendly politicians, will appoint a 10-member Council composed of employees, employers and “union activists” to set the minimum wages and working conditions of fast food workers in the