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16 search results for: paga

1

Courts Expand PAGA Again

Two recent court decisions expand the Labor Code Private Attorney General Act (PAGA) … Again. In Raines v. Coastal Pacific Food Distributors (CA3 C083117 5/22/18), the court held employees can bring Labor Code Private Attorney General Act claims for pay stub violations without suffering an injury even if the violations were unintentional. In Huff v. Securitas Security […]

2

PAGA Lawsuits Not Subject to Arbitration

PAGA Lawsuits The Labor Code Private Attorneys General Act (PAGA) authorizes aggrieved employees to file PAGA lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. Employees pursuing PAGA claims must follow specified requirements. Labor Code Sections 2698 – 2699.5. Courts enforce employer-mandated arbitration agreements more often than before. […]

3

PAGA Waiver in Arbitration Agreements

Arbitration Agreements Plaintiffs attorneys and defense attorneys are waging a battle over arbitration agreements.  A new Ninth Circuit decision is considered a win for the plaintiffs’ bar.  A few years ago, it was difficult for an employer to enforce an arbitration clause in California.  Recently, the U.S. Supreme Court in AT&T v. Concepcion made it clear […]

4

Attorney’s Letter Did Not Comply With PAGA Notice Requirements

The Ninth Circuit Court of Appeals recently held, in Alcantar v. Hobart Service, that an attorney’s letter did not comply with PAGA notice requirements, and therefore dismissed plaintiff’s PAGA claims.  According to the court, “the letter in which plaintiff disclosed his allegations against the employer did not contain sufficient facts to comply with the statute’s […]

5

Missed Meal Break Claims Results in Multiple Violations

Almost every wage and hour lawsuit and Labor Commissioner claim that I’ve seen in the past 10 years has included a claim for missed meal and/or rest breaks. Employers who fail to provide at least one half-hour unpaid meal break whenever an employee works more than 5 hours is liable for one hour’s pay at […]

6

Rare Pay Stub Victory for Employers

Employers in California know payroll can be particularly troublesome. Attorneys representing employees routinely file lawsuits and PAGA actions based on inaccurate or incomplete pay stubs. I previously discussed the ease with which employees can bring PAGA actions for unintentional pay stub violations that cause no harm. The Second Appellate District came out with a rare […]

8

Happy Holidays and Predictions for 2018

Happy Holidays Before I get into my employment law predictions for 2018, let me thank my friends, family, colleagues and clients. You’ve helped make 2017 so successful. I am so grateful and blessed to have so many wonderful people in my life. Practicing law gives me the opportunity to help others and change their lives […]

9

Employment Law Changes for 2016

Many people ask me why I practice employment law. One reason is that it is never boring. Employment law changes every year. The legislature never fails to adopt new employment laws trying to create a more equitable and fair workplace. The courts constantly struggle to interpret the old laws in new situations, and how to […]

10

New Paid Sick Leave Law Causes Anxiety for Employers

California workers are often faced with a difficult decision: I don’t feel well and I don’t want to go to work where I will get other people sick, but I can’t afford to miss any work. In order to remedy this malady, the California legislature passed AB 1522 creating the Healthy Workplaces, Healthy Families Act […]