California Supreme Court Gives PAGA Plaintiffs Broad Right to Contact Information; Recognizes Employee Burden to Show “Manageability”

On July 13, 2017, the Supreme Court of California issued a unanimous opinion in Williams v. The Superior Court of Los Angeles County (Marshalls of CA, LLC), holding that a representative plaintiff in a Private Attorneys General Act (PAGA) case does not need to show good cause at the outset of litigation before the employer is required to produce the names and contact information of other allegedly aggrieved employees.

The New California Regulations Part III Sexual Harassment and Abusive Conduct Training

In this blog series, we will highlight some of the most significant aspects of the regulations that clarify an employer’s obligations in the workplace. The first article in the series, Preventing and Correcting Wrongful Behavior, covered an employer’s obligation to take all reasonable steps to prevent and correct wrongful behavior in the workplace. The second article in the series, The Transgender Workforce, covered new regulations and guidance concerning an employer’s obligation and guidance regarding transgender employees. The third topic, which we will cover here, is new regulation concerning an employer’s obligation to train its staff to avoid conduct prohibited by the FEHA.

The New California Regulations, Part I: Preventing and Correcting Wrongful Behavior

California’s Office of Administrative Law approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the Fair Employment and Housing Act (FEHA), touch on almost every aspect of employment law and will go into effect on April 1, 2016.

California’s New Piece-Rate Compensation Requirements and a New Affirmative Defense Take Effect January 1, 2016

On October 10, 2015, California Governor Jerry Brown signed Assembly Bill 1513, which added new requirements with regard to employees who work on a piece-rate basis. The new law, which amends California Labor Code section 226.2, changes the way employers are required to pay employees paid on a piece-rate basis. The new section 226.2 goes into effect on January 1, 2016.

New California Law Allows Employers to Correct Wage Statements to Avoid Litigation—Review Your Wage Statements Now

On October 2, 2015, Governor Jerry Brown signed into law Assembly Bill 1506 (AB 1506). The new law amends the California Private Attorneys General Act (PAGA) to allow employers the right to “cure” certain commonly litigated defects in employee wage statements within 33 days of notice by the employee in order to avoid litigation. The cure provisions for wage statements, which can be onerous, apply only to California Labor Code section 226(a)(6)—which requires employers to specify the inclusive dates of the period for which the employee is paid—and section 226(a)(8) —which requires employers to state the name and address of the “legal entity” that is the employer. AB 1506 is urgency legislation and therefore effective immediately.

Governor Brown Signs California’s Mandatory Paid Sick Leave Law

On Wednesday, September 10, 2014, Governor Jerry Brown signed a bill that provides workers with three paid sick days per year. Governor Brown enthusiastically endorsed the law’s passage in August when the California legislature passed the bill. The new law, entitled the “Healthy Workplaces, Healthy Families Act of 2014,” requires California employers to provide employees with one hour of paid sick leave for every 30 hours worked starting on July 1, 2015.

Iskanian v. CLS Transportation: California Supreme Court Gives Class Action Arbitration Waivers the Green Light

Today, in a decision with significant ramifications for California employers seeking to use class action arbitration waivers as a deterrent to wage and hour class action litigation, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transportation Los Angeles, LLC, S204032 (June 23, 2014). The decision is generally good for employers seeking

News From the California Class Action Front – Emerging Defenses to Wage Statement Claims . . . But Hold On to Your Seats

California appellate courts have recently offered some relief to employers issuing wage statements that fail to comply with the state’s hyper-technical content requirements. At the same time, California courts have given the green light to class action lawsuits based on violations of relatively obscure provisions of the state’s Wage Orders. California’s 17 Wage Orders, which are industry or occupation specific, govern workplace conditions ranging from temperature to seating.

The California "Multiplier Effect": How Small Wage and Hour Violations Create Big Class Settlements in California

Employers sued in California wage and hour class actions are all too familiar with the State’s “multiplier effect.” What is the California “multiplier effect,” you ask? Simply put, it is a small wage payment violation (e.g., for non-payment of overtime hours or off-the-clock work), that can trigger a range of penalties under the California Labor Code far exceeding the value of the original unpaid wage amount. In wage and hour class actions, minor wage violations can cost employers millions.