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Articles by Brett Greving
PAGA Reform: A Win for Employers in California | JD Supra
California's Private Attorneys General Act, better known as PAGA, has been in effect since 2004. PAGA allows employees to sue their employer on behalf of the state for virtually any claimed California Labor Code violation for themselves and other employees.
PAGA Reform: A Win for Employers in California [Alert]
California's Private Attorneys General Act, better known as PAGA, has been in effect since 2004. PAGA allows employees to sue their employer on behalf of the state for virtually any claimed California Labor Code violation for themselves and other employees.
Next Steps for California Employers
California's Private Attorneys General Act, better known as PAGA, has been in effect since 2004. PAGA allows employees to sue their employer on behalf of the state for virtually any claimed California Labor Code violation for themselves and other employees.
California PAGA Cases Can’t Be Dismissed Due to Unmanageability
Monday, January 22, 2024 Brett C. Greving was quoted in a SHRM article discussing a new ruling that prevents trial courts in California from dismissing lawsuits brought under the state’s Private Attorneys General Act (PAGA) due to perceived unmanageability. Brett states that the ruling “essentially removes what was a potent defense for employers in PAGA cases.” In Estrada v. Royalty Carpet Mills, employees sued the carpet manufacturer in California for allegedly not providing required meal breaks.
Ninth Circuit Nixes California’s AB 51, Reopening the Door for Mandatory Employment Arbitration | JD Supra
Earlier this week, a Ninth Circuit panel ruled, in the case of Chamber of Commerce of the United States of America v. Bonta, that California’s Assembly Bill (AB) 51, which had forbidden California employers from requiring employees enter into mandatory arbitration agreements, was preempted by the Federal Arbitration Act (FAA) and is unenforceable.
US Supreme Court Places Limits on California’s PAGA Law | JD Supra
June 17, 2022 To embed, copy and paste the code into your website or blog: This week, in an 8-1 decision, the United States Supreme Court ruled in the case of Moriana v. Viking River Cruises, Inc., that the Federal Arbitration Act (FAA) overrules, in part, California Supreme Court authority limiting the application of arbitration agreements to representative actions brought under California’s Private Attorney General Act (PAGA).
California Supreme Court Expands Penalties for Meal and Rest Period Violations | JD Supra
This week, in Naranjo v. Spectrum Security Services, Inc., the California Supreme Court resolved a long-standing wage and hour question in California by holding that, because the premium pay owed for meal and rest period violations is itself a wage, the failure to make timely payments of such premium pay can trigger waiting time and wage statement penalties.
Does PAGA have wings? Bernstein’s threat to interstate airlines (alert)
California’s Private Attorney’s General Act (“PAGA”) has created an extremely friendly litigation environment for employees in California. While the 2021 Ninth Circuit decision in Bernstein v. Virgin Am., Inc., 3 F.4th 1127 (9th Cir. 2021)(Bernstein) was a win for employers on subsequent violation liability, Bernstein’s analysis of the potential extension of California labor regulations to employees of interstate airlines warrants a note of caution.
California Supreme Court Targets Meal and Rest Premium Pay Practices | JD Supra
On July 15, 2021, the California Supreme Court ruled that meal, rest, or recovery period premium payments must be made at the “regular rate of pay” that is used for overtime, not the employee’s base hourly rate. BACKGROUND If a California employer does not provide a non-exempt employee with a compliant meal period(s) in a given workday, that employee is owed one additional hour of pay (often called a premium payment).
Employer Obligations Relating to Employee Voting | JD Supra
Alabama Yes, for employers with 25 or more employees One hour. Employees must give reasonable notice of their need for voting leave. No Exclusions and other Important Provisions Leave is not required if an employee’s work hours start two hours or more after the polls open, or an employee’s work hours end at least one hour before the polls close. Leave is also required for employees who are precinct election officials. Employers are prohibited from otherwise assisting employees with voting.
AB5: The Gig Is Up on Independent Contractors | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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