Originally published for HR California
California’s Private Attorneys General Act (PAGA) allows aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees and the state of California for Labor ...
[Read more] about Public Employers Not Subject to PAGA, Private Employers Must Still Comply
Employment Litigation
California Supreme Court Affirms that Single Use of N-Word Can Be Severe Enough to Constitute Harassment Under FEHA
On July 29, 2024, the California Supreme Court issued an opinion in Bailey v. San Francisco District Attorney’s Office reaffirming that the single use of a racial epithet can be severe enough to constitute actionable harassment under the California ...
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Severance Agreements: The Importance of Minding Your P’s and Q’s
When it comes time to terminate an employee or institute a reduction-in-force or layoff, many companies choose to offer severance to help the separated employee transition to future employment. Indeed, the offer of severance pay and/or reimbursement ...
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California Supreme Court Upholds Good Faith Defense to Alleged Wage Statement Violations
Alleged wage statement violations are a staple of complaints in class action litigation and claims under the Private Attorneys General Act (PAGA). Labor Code section 226 requires that a wage statement accurately state nine categories of information, ...
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PAGA Reform Creates Opportunities and Challenges for California Employers
As has been widely publicized, emergency legislation has been passed to reform the Private Attorneys General Act of 2004 (“PAGA”).
As most California employers know, PAGA allows an individual employee to collect civil penalties on behalf of the ...
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Employers Must Carefully Define the Scope, Duration, and Mutuality of Arbitration Agreements
Arbitration agreements represent a critical tool for employers aiming to circumvent the protracted and costly litigation of employee disputes in civil courts. However, recent judicial scrutiny in California necessitates meticulous drafting to ensure ...
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Aren’t You Ready to Retire?
Key Takeaways from a Recent California Court Ruling on Age Discrimination
For decades, state and federal mandates have required employers provide equal opportunity to all their employees, a mandate which requires equal access to training ...
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Court Decision Answers the Question: When Are Employees On-the Clock?
In Huerta v. CSI Electrical Contractors, a decision focusing on the construction industry, the California Supreme Court recently provided specific guidance on whether time spent waiting for a vehicle inspection is compensable. The Court also provided ...
[Read more] about Court Decision Answers the Question: When Are Employees On-the Clock?
