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California: Settlement of Individual Claim Does Not Prohibit Class Representation

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March 12, 2020

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The Private Attorneys General Act (PAGA) continues to prove a thorn in employers’ sides, as a recent California Supreme Court decision determined that an employee-plaintiff can still represent other employees and sue an employer on their behalf, even if the individual’s own claim is settled.

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California: New Employment Laws Coming in 2019

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January 1, 2019, unless noted otherwise

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Governor Brown recently signed numerous employment-related bills, impacting various industries and employment practices; among these are a package of bills following the #MeToo movement.  The below list summarizes some key bills.

California: New PAGA Interpretations Continue to Increase Employer Exposure

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May 22 and 23, 2018

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Two recent California cases have greatly expanded the ability for employees to sue employers under the Private Attorneys General Act (“PAGA”).  A favorite of plaintiffs’ attorneys, PAGA allows an employee to bring a suit against an employer on behalf of other aggrieved employees, potentially recovering significant penalties as well as attorneys’ fees.  PAGA suits can and have been used against employers for even minor technical violations, such as a business listing an abbreviated name rather than the legal name of the organization on pay stubs.

California: Arbitration May be Enforced For Certain Wage and Hour Claims

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August 3 and 21, 2017

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Two recent state Court of Appeal cases permit arbitration of certain wage and hour claims, including representative actions under the Private Attorney Generals Act (“PAGA”) and an administrative wage claim filed before the Department of Labor Standards Enforcement (“DLSE”), under certain circumstances.