In response to the COVID-19 global pandemic, Governor Gavin Newsom issued shelter-in-place orders requiring various businesses to shutter their doors. Despite these orders, some employers continue to require employees to show up to work. If the employees refuse, some have been terminated. Governor Newsom’s shelter-in-place orders supersede any demand from an employer to show up... Read...
Due to the coronavirus global pandemic, the entire state of California has been under emergency shelter-in-place orders. All non-essential businesses are temporarily shuttered with all employees ordered to work from home, if possible. These orders, caused by an unprecedented global pandemic, leave many wondering about their rights regarding wage and hour laws with their employer. Wage and hour laws... Read...
The Private Attorneys General Act (PAGA) authorizes workers to file claims against their employers for violations of the Labor Code. Multiple failures to enforce labor code violations prompted the creation of PAGA in 2004. Under California law, PAGA permits employees to act as private attorneys general and pursue civil penalties as if they were a... Read...
Class-action lawsuits in California are encouraged for the advancement of public policy goals. A group of individuals files a class-action lawsuit to resolve a complaint they share against an employer. There are some differences between class-action requirements in California and those for filing a federal class-action lawsuit. The assistance of experienced class-action attorneys is essential... Read...
If an employee signs an agreement waiving the right to file suit against an employer, the employee may think he or she is barred from filing a PAGA lawsuit. However, that’s not the case. Public policy makes agreements not to sue unenforceable when it comes to suits under California’s Labor Code Private Attorneys General Act... Read...
On February 1, 2020, an employee of Spotify brought a class action lawsuit against the music company for reclassifying his employment status without notifying him. The plaintiff, Matthew Elias, was employed with Spotify for two years. He alleges that Spotify classified him as a non-exempt employee from July 2016 to July 2018, but then reclassified... Read...
Filing an employment claim can result in lengthy legal battle. But, for employees bringing claims under the California Private Attorneys General Act (PAGA), their legal resolution may come faster and more efficiently. The Mechanics of a PAGA Settlement A court must approve any settlement of a claim or claims brought under California’s Labor Code Private... Read...
PAGA, or the Private Attorneys General Act allows an employee to file a claim against their employer if the employer violated employment law What is PAGA? That’s a common question that employees and employers have. We’ll discuss PAGA in-depth here. Who Does PAGA Cover? Under PAGA, an “aggrieved” employee—who is defined as any current or... Read...
An employee who was unlawfully fired or laid off may be entitled to financial compensation and/or equitable relief through a wrongful termination lawsuit. This is a complicated question; there is no true straightforward answer. Some wrongful termination claims are settled for around $10,000, while others are eventually resolved for multi-million dollar awards. Every California wrongful... Read...
On February 13, 2020, the Ninth Circuit of the Supreme Court of California ordered Apple to pay lost wages to employees who had to wait up to 45 minutes for bag checks before leaving work. The court order, submitted by Judge Tani Cantil-Sakauye, comes after a nearly seven-year battle between two employees and the tech... Read...