Labor Code Private Attorneys General Act (PAGA)

Supreme Court permits state wide discovery of employee’s contact information in PAGA Representative Actions

Posted on July 23, 2017November 23, 2017 by Ashish Gautam Posted in Labor Code Private Attorneys General Act (PAGA)

Williams v. Superior Court (2017) 3 Cal. 5th 531, 220 Cal.Rptr.3d 472 In the course of discovery of a PAGA representative action, Plaintiff Michael Williams sought contact information for fellow California employees. Employer opposed and Plaintiff moved for a motion […]

$15 Million settlement in only PAGA action for suitable seating.

Posted on November 13, 2016November 23, 2017 by Ashish Gautam Posted in Labor Code Private Attorneys General Act (PAGA)

Following the Supreme Court’s decision in Kilby v. CVS Pharmacy, Inc. (2016) 63 Cal.4th 1, 201 Cal.Rptr.3d 1 superior court approved a $15 million settlement in Garrett v. Bank of America, which alleged that California bank tellers should have been […]

Employers can chargeback an advance that never became a commissionable sale

Deleon v. Verizon Wireless, LLC (2012) 207 Cal.App.4th 800, 143 Cal.Rptr.3d 810 Background: Plaintiff Saul Deleon, a retail sales representative, on behalf of himself and other aggrieved employees, filed a complaint against Defendant AirTouch Cellular doing business as Verizon Wireless […]

Court of Appeal upholds class action and PAGA waiver in Employment Arbitration Agreements. Holds Concepcion invalidates Gentry

Posted on June 26, 2012February 12, 2014 by Ashish Gautam Posted in Attorney fees, Business and Professions Code section 17200, Class Action, Labor Code Private Attorneys General Act (PAGA), Preemption Tagged arbitration agreements, Concepcion decision, Gentry decision, Iskanian decision, PAGA, waiver

Iskanian v. CLS Transp. Los Angeles, LLC (2012) 206 Cal.App.4th 949, 142 Cal.Rptr.3d 372 Background: Plaintiff, Arshavir Iskanian, worked as a driver for defendant CLS Transportation Los Angeles, LLC (CLS). During his employment, Plaintiff signed a Proprietary Information and Arbitration […]

Long-Awaited California Supreme Court Decision clarifies law on meal and rest breaks

Posted on April 21, 2012February 12, 2014 by Ashish Gautam Posted in Brinker Decision, Class Action, Labor Code Private Attorneys General Act (PAGA), Meal Periods, Overtime, Rest Periods, Unpaid Wages Tagged Brinker decision, class certification, employer'd duty to provide breaks, meal break timings, Meal Periods, overtime, rest break timings, Rest Periods

Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 273 P.3d 513 Background: Hourly nonexempt employees filed a class action lawsuit against Defendant employer Brinker which owns and operates several restaurants throughout California. A class of just under 60,000 […]

Unpaid Wages under Section 558 can be recovered as a penalty; IWC wage order provision should be “enabled” by a statute to bring a private right of action; PAGA penalties for rest break violations can be collected under Section 558; Court may upon discretion, reduce the amount of a civil penalty

Posted on March 16, 2012February 12, 2014 by Ashish Gautam Posted in Labor Code Private Attorneys General Act (PAGA), Meal Periods, Rest Periods, Unpaid Wages Tagged Meal Periods, PAGA, Rest Periods, Section 558, Thurman, Unpaid Wages

Thurman v. Bayshore Transit Management, Inc. 203 Cal.App.4th 1112, 138 Cal.Rptr.3d 130 Background: In January 2004, Amalgamated Transit Union, filed a representative action on behalf of its member bus drivers who worked in and around National City, California, alleging that […]