All Blog postsA common question California employers have is whether they can arbitrate wage and hour claims brought under the Private Attorneys General Act – commonly known as PAGA – in California. Until recently, the answer to that question has been a resounding “no” ever since a 2014 California Supreme Court case held that employers cannot make employees waive their rights to bring PAGA claims on a group-wide basis through an arbitration agreement.
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Can I Arbitrate Private Attorneys General Act Claims in California? Posted on: December 21, 2022 In: Labor & Employment
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Have a Seat: California Court of Appeal Provides Guidance on Requirement That Employer’s “Provide” Suitable Seating in the Workplace Posted on: September 01, 2022 In: Labor & EmploymentOn July 19, 2022, the California Court of Appeal issued a published opinion holding there was a triable issue as to whether the employer “provided” suitable seating to its customer service employee at the front of the store by placing seats at workstations in another area and not advising her of the availability of the seating, thereby overturning a lower court’s summary judgment for the employer.
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Three Tips for Updating, Enforcing Arbitration Agreements to Minimize PAGA Exposure in California Following Supreme Court’s Viking River Decision Posted on: July 01, 2022 In: Labor & EmploymentFor almost two decades, the California Private Attorneys General Act of 2004 (PAGA) has vexed employers and resulted in significant increased exposure to wage and hour claims. To limit exposure, many employers have implemented arbitration agreements that include class and PAGA representative action waivers, which appeared unenforceable. However, in Viking River Cruises, Inc. v. Moriana, the U.S. Supreme Court recently breathed new life into this strategy.
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California’s Private Attorneys General Act: A Primer Posted on: December 11, 2020 In: Labor & EmploymentIn recent years, lawsuits involving claims under California’s Private Attorneys General Act (PAGA) have become increasingly popular. Although PAGA is detailed and each case requires an in-depth review by an attorney, this article will provide a brief explanation of the Act.
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Fictitious Business Names on Wage Statements: An Invitation for Penalties in California Posted on: June 30, 2020 In: Labor & EmploymentComplying with California law on wage statements can be tricky for employers. Pursuant to Labor Code Section 226(a)(8), wage statements must identify the employer’s legal name. An employer can comply with this requirement by listing either the legal entity name or a registered fictitious business name (dba) on the wage statement. Failing to do so can expose employers to extensive liability on a class-wide basis through a class action or Private Attorney General Act (PAGA) representative action.
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