Tag Archives: PAGA

California Supreme Court Holds That Employees Cannot Recover Allegedly Unpaid Wages in Lawsuits Brought Under PAGA

We have frequently written about California’s Private Attorneys General Act (“PAGA”), a unique statute that allows private individuals to file suit seeking “civil penalties” on behalf of themselves and other “aggrieved employees.”

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Are Federal Judges Growing Tired Of Attorneys’ Fees-Driven Wage-Hour Class Actions?

A number of years ago – 20 perhaps – someone shared with me a study that was conducted by a major university where participants were asked which professions they most distrust.

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$102 Million Wage Statement Award Against Wal-Mart Will Likely Lead To More Wage Statement Class Actions In California

While it may be true that employees rarely even look at their wage statements, there is one group of persons who certainly do – plaintiffs’ lawyers.  Or, more precisely, California plaintiffs’ lawyers.

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Airline Ordered to Pay More Than $77 Million for Wage-Hour Violations

In Bernstein v. Virgin America, Inc., a district court in California has ordered Virgin America to pay more than $77,000,000 in damages, restitution, interest and penalties for a variety of violations of the California Labor Code. The award is the latest example of the tremendous amount of damages and penalties that can be awarded for non-compliance with California’s complex wage and hour laws.

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SCOTUS Backs Employee Class Action Waivers: Next Steps for Financial Services Employers

In May, the U.S. Supreme Court ruled in Epic Systems Corp. v. Lewis that employers may lawfully require employees to sign arbitration agreements that include a waiver of the right to participate in an employee class action lawsuit or arbitration. Below, we discuss the significance of this decision and highlight issues that employers may wish to consider in the wake of it.

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California Court of Appeal Concludes that Individuals Can Be Personally Liable for Civil Penalties for Wage-Hour Violations

The question whether an individual may be held liable for alleged wage-hour violations is one that occasionally arises in class action litigation – and, for obvious reasons, it is one that is particularly important to individuals who own entities or who are responsible for overseeing wage-hour compliance.

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Delivering a Tremendous Victory to Employers Facing Wage-Hour Class Actions, U.S. Supreme Court Upholds Use of Class Action Waivers in Arbitration Agreements

More than 7 months after hearing oral argument on an issue that will affect countless employers across the country – whether employers may implement arbitration agreements with class action waivers — the United States Supreme Court has issued what is bound to be considered a landmark decision in Epic Systems Corp. v. Lewis (a companion case to National Labor Relations Board v. Murphy Oil USA and Ernst & Young LLP v. Morris), approving the use of such agreements.

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Another California Court Confirms There Is No Right To A Jury On Private Attorneys General Act Claims

Persons who live and work outside of California, including employment attorneys and the most seasoned of human resources personnel, are often confounded when they first learn about California’s Private Attorneys General Act (“PAGA”).  And, for many, the first they learn about PAGA is when a PAGA lawsuit has been filed against their company.

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