The US Chamber of Commerce, along with two other business-oriented groups, recently filed an amicus brief urging the Ninth Circuit to overrule a $102 million judgment against Wal-Mart.
Continue Reading The US Chamber of Commerce Slams Controversial Hundred Million Dollar Award Against Wal-Mart in Wage Statement Dispute

The arbitrability of wage-and-hour actions brought under the California Private Attorneys General Act is an increasingly important issue due to the growth of PAGA-only actions in California.   In that regard, a split has emerged among courts regarding the arbitrability of PAGA claims for unpaid wages under Labor Code Section 558.
Continue Reading A Split of Authority Regarding the Arbitrability of PAGA Claims Is Due For Resolution

Claims under California’s Private Attorneys General Act (PAGA) are recently much in vogue.  With the proliferation of arbitration agreements and class action waivers, plaintiffs’ attorneys all over California been using PAGA claims – which cannot be waived in an arbitration agreement – as a preferred vehicle to pursue representative wage-and-hour lawsuits against employers.
Continue Reading One-Year Statue of Limitations Strictly Enforced in PAGA Suit

In a recent case, Correia v. NB Baker Electric, Inc., the California Court of Appeal held that employers cannot require employees to arbitrate their representative claims under the California Private Attorney General Act of 2004 (“PAGA”), Labor Code § 2699 et seq., without the State’s consent.
Continue Reading California Appellate Court Says PAGA Claims Can’t Be Compelled To Arbitration Without The State’s Consent

Date: Thursday, November 16, 2017
Time: 12:00 PM to 1:00 PM PST

Please join Hunton & Williams LLP for a complimentary webinar that will address current concerns faced by employers in California. This program, co-sponsored by Welch Consulting, will examine the following issues:

  • Fair Pay issues
  • Recent PAGA concerns
  • “Ban the Box” and

On Friday October 2, 2015, Governor Jerry Brown signed AB 1506 into law, amending California’s Private Attorneys General Act to provide an employer the right to cure certain technical violations of the California Wage Statement Law (Labor Code § 226) before the employer can be sued.
Continue Reading New California Law Helps Employers Avoid Some PAGA Suits

Emily Burkhardt Vicente will present “Litigating Private Attorney General Act Claims in the Aftermath of Supreme Court Decisions” at the California State Bar’s Annual Meeting on Sunday, October 11, 2015.
Continue Reading Emily Burkhardt Vicente Presents “Litigating Private Attorney General Act Claims in the Aftermath of Supreme Court Decisions”

The Ninth Circuit ruled on Monday, September 28, that California Private Attorney General Act claims cannot be waived in employment arbitration agreements, following the rule announced by the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014).
Continue Reading Ninth Circuit holds PAGA Waiver Provisions are Unenforceable