The U.S. Supreme Court recently issued a favorable decision for California employers in Viking River Cruises, Inc. v. Moriana on the issue of whether employers may enforce valid arbitration agreements with employees for claims brought under California's Private...
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Results for "PAGA"
U.S. Supreme Court will rule soon on California’s PAGA law
Last month, the U.S. Supreme Court heard oral argument in the case, Viking River Cruises, Inc. v. Moriana on the issue of whether employers may enforce valid arbitration agreements against employees for claims brought under California's Private Attorneys General Act...
Trial Court’s Order Decertifying Meal Period Class Action and PAGA Lawsuit Reversed
On March 23, 2022, a California court of appeal in Estrada v Royalty Cabinet Mills. Inc. reversed a trial court’s decision to decertify a class action alleging violations of California’s meal and rest period laws and its decision to dismiss the plaintiffs’ Private...
Employer’s Meal Period Policy That Does Not Comply With California Law Results in Liability Under PAGA
A decision published by a California court of appeal on December 19, 2018 in Carrington v. Starbucks Corp. again demonstrates how critical it is that employers have a well-written meal period policy in place that conforms to the law. A barista who worked at Starbucks...
Employer Association Files Suit to Declare PAGA Unconstitutional
On November 28, 2018, the California Business & Industrial Alliance, an association representing California-based employers, filed a 54-page Complaint in the Orange County Superior Court seeking injunctive and declaratory relief against Attorney General Xavier...
The Person Responsible for Failing to Pay Employees Minimum Wage and Overtime Pay Can Be Held Personally Liable Under PAGA
On September 28, 2018, the Fourth Appellate District Court of Appeal in Atempa v. Pedrazzani held that a person violating the minimum wage and overtime pay provisions of the Labor Code may be held personally liable for the plaintiffs’ attorney fees, costs, and...
Construction Employer’s CBA May Waive PAGA Claims
On September 19, 2018, Governor Brown signed Assembly Bill No. 1654. Effective January 1, 2019, AB 1654 modifies the Private Attorneys General Act of 2004 (“PAGA”) and exempts an employee in the construction industry from its coverage with...
PAGA And Class Action Defense
PAGA Defense For California Employers California has a unique law called the Private Attorneys General Act (PAGA) that allows an employee to sue their employer in a representative lawsuit seeking civil penalties on behalf of themself and all other allegedly aggrieved...
PAGA Actions for Non-Compliant Wage Statements Made Easier for Plaintiffs
On September 26, 2017, the plaintiffs’ bar scored a win against California employers. In Lopez v. Friant & Associates, LLC, a Court of Appeal held that a Private Attorneys General Act (“PAGA”) action for allegedly non-compliant wage statements...
In a Win for Companies, Supreme Court Holds PAGA Does Not Permit the Recovery of Unpaid Wages
On September 12, 2019, the California Supreme Court in ZB, N.A., and Zions Bancorporation v. Superior Court settled an issue on which several courts of appeal had differed and held that an employee’s claims for unpaid wages are not recoverable under the Private...