The “Summer of PAGA” continued last week when the California Supreme Court ruled in Turrieta v. Lyft, Inc., Case No. S271721, that a plaintiff in a Private Attorneys General Act (PAGA) action does not have standing to intervene or object to a settlement in a parallel action involving overlapping PAGA claims.
The structure of PAGA tends to invite the scenario facing the parties and
On June 27, 2024, the California Legislature passed AB 2288 and SB 92, compromise legislation that reformed the Private Attorneys General Act (PAGA) and averted a ballot measure that threatened to repeal the law entirely this November. We previously reported on the compromise here when the deal was announced, and published a primer on the substantive changes to the law here.
Arguably the
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, when the deal was first announced.
The most profound changes are contained in AB 2288, which amended Labor Code § 2699—the beating heart of PAGA. AB 2288 makes several significant changes to the
The California Supreme Court handed employers a consolation prize this week, holding that an employer does not incur monetary penalties if there is a reasonable, good faith dispute over whether the employer violated the wage statement statute. Naranjo v. Spectrum Sec. Servs., Inc., 2024 WL 1979980 (Cal. May 6, 2024).
One of the employer’s workers in this case filed a putative class action, alleging
On March 25, 2024, the California Supreme Court issued its opinion in Huerta v. CSI Electrical Contractors, Case No. S275431, providing additional guidance on compensable “hours worked” under California law. In a class action asserting wage claims on behalf of contractors at a construction site, the Supreme Court answered three questions certified by the Ninth Circuit as follows:
First, the Court held
DeMarinis v. Heritage Bank of Commerce, 2023 WL 9113099 (Cal. Ct. App. 2023)
Former bank employees filed a lawsuit against their former employer for various wage-and-hour violations. The lawsuit included a Private Attorneys General Act (“PAGA”) claim, under which plaintiffs sued on behalf of all other “aggrieved employees” of the company. In response, the bank filed an unsuccessful motion to compel plaintiffs’ “individual” claims
The California Supreme Court has issued its much-anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether Private Attorneys General Act (PAGA) claims can be dismissed as unmanageable. The Court affirmed a lower court’s decision, holding that “trial courts lack inherent authority to strike PAGA claims on manageability grounds”—that is, trial courts may not “dismiss [them] with prejudice.” Slip op. at 1-2. In
On May 10, 2023, the California Supreme Court heard oral argument in Adolph v. Uber Technologies, Inc., a closely watched case that will decide whether a Private Attorneys General Act (PAGA) plaintiff loses standing to pursue a representative claim when their individual PAGA claim is compelled to arbitration.
Observers hoping for a sign that the court was inclined to rule for the employer may
Effective January 1, 2023, California employers will be required to meet new minimum wage requirements, at both the state and local level. This increase in the minimum wage affects not only non-exempt employees, but also the minimum annual salary requirement for overtime exempt employees.
Increase and Consolidation of the California Minimum Wage
Previously, the State of California employed a two-tiered minimum wage system, requiring employers
On November 22, 2022, the Los Angeles City Council unanimously passed the Fair Work Week Ordinance (“FWWO”). Set to take effect in April 2023, the new law imposes significant requirements on retail employers in the City of Los Angeles with respect to both scheduling and hiring. It follows in the footsteps of similar predictive scheduling laws already on the books in other major cities, including