3P Partners’ Post

Last week, Governor Newsom signed AB 2288 and SB 92, amending California’s Private Attorneys General Act (PAGA). These changes, effective for PAGA notices sent on or after June 19, 2024, aim to provide relief to employers by introducing stricter standing requirements for plaintiffs, expanded cure opportunities, and reduced penalties for compliant employers. Key updates include limiting plaintiffs to pursue penalties only for violations they personally experienced, broader options for employers to cure past violations, and increased chances for early settlement. Employers should promptly review their wage and hour practices to mitigate potential PAGA claims. You can read the full update by attorneys Alexandra LaFountain, Cassandra Ferrannini, and Daria Gossett here: https://lnkd.in/gE9D3UXD #EmploymentLaw #PAGA #CaliforniaLaw #WageAndHour #CaliforniaEmployers #WorkplaceCompliance #LaborLaw #EmploymentRegulations

Significant changes to California’s Private Attorneys General Act (PAGA) are here. Effective July 1, 2024, the new reforms provide an opportunity for employers to reduce penalties in PAGA lawsuits by proving they took reasonable steps to comply with wage and hour laws. Learn more with our newsletter #PAGA #LegalUpdate #CaliforniaLaw https://ow.ly/lrTx50SREQ5

On July 1, California Governor Gavin Newsom signed into law two bills that substantially reform the state’s Labor Code Private Attorneys General Act, or PAGA, providing employers with meaningful new options to address both threatened and actual PAGA claims. In a new Client Alert, Alex Safyan and Ndubisi Ezeolu review the key amendments that employers should know about and offer tips to help them mitigate risk involving PAGA claims. See the link in the comments to read the full Client Alert. #TuckerEllis #CaliforniaEmployers #PAGA #EmploymentLaw

#CDHAlert | In today's alert, Jose Jorge and Alex Van Greuning discuss erroneous payments made to employees. They ask, is a deduction from salary a contractual breach?   The Mhlontlo Local Municipality (Municipality) erroneously applied a 2,5% notch increase to two senior employees who did not qualify for the increase. It then started making deductions from the employees’ remuneration to remedy the error.   The employees brought their matters before the High Court. The Municipality objected to the High Court's jurisdiction to hear the matter. The High Court ruled that it had jurisdiction and held that the Municipality's decision to unilaterally reduce the respondents' remuneration was unlawful and ordered it to reinstate the amounts deducted.   The Municipality appealed to the Supreme Court of Appeal. It found that the High Court did have jurisdiction to rule on the matters, but that the notch increase payments which were made erroneously to the respondents could not give rise to a contractual claim as this would effectively entrench an illegality and permit the respondents to enforce continued payments into the future.   Read more - https://bit.ly/3SAGgo4   #employmentlaw #CDHLegal

PAGA reform for California businesses. On June 18, 2024, Governor Newsom announced that a compromise had been reached to reform California’s Private Attorneys General Act (PAGA). The negotiations were brought about by a ballot measure to repeal PAGA this November. PAGA cases have been increasing astronomically against California employers, exposing them to huge penalties, and on average PAGA cases settle for $1.1 million. This reform package introduces several key elements that impact employees and employers alike, focusing on penalties, standing requirements, employer rights to cure, and strengthening enforcement mechanisms. While many details are still yet to be disclosed, our article reviews what this reform package means for California employers: https://lnkd.in/gh6tF7Wv #PAGA #california #wageandhour

Governor Gavin Newsom and labor and business groups have agreed on PAGA reforms, averting a ballot initiative and introducing measures to reduce frivolous litigation. The deal includes caps on damages, increased worker payouts, and a curb on misuse of the law. The amendments aim to balance worker protections and business interests, with the goal of ensuring fairness and compliance. https://ow.ly/rKSN50Slb5U #LegalNews #PAGA #EmploymentLaw

Employer Alert: FTC’s New ‘Non-Compete Rule’ The Federal Trade Commission's nationwide ban on non-compete agreements takes effect on September 4, 2024. Federal courts are split on its enforceability, with the Texas court ruling that the FTC overstepped its authority, while the Pennsylvania court upheld the ban. Employers should continue to plan for the rule's implementation. This includes reviewing all post-employment restrictive covenants, strengthening non-solicitation and confidentiality agreements, and preparing the required notice to workers by the effective date. Failure to comply could result in significant legal and financial repercussions. #NonCompeteBan #FTCRule #EmploymentLaw Learn more: https://lnkd.in/e8-Tf9QC Connect with Haley: https://lnkd.in/gPmmXgip

On August 20, 2024, the U.S. District Court for the Northern District of Texas held unlawful and set aside the Federal Trade Commission’s (FTC) final rule prohibiting non-competition agreements with workers. The ruling applies to employers nationwide, although its likely to be appealed by the FTC. Learn more: https://lnkd.in/g4RXkF-U . . . #LegalNews #EmploymentLaw #FTC #federaltradecommission #NonCompete #BusinessLaw #CourtRuling #LaborLaw #WorkplaceRights #LegalUpdates #EmploymentRights

Discuss the legislation passed by California that aims to provide employers with cost-efficient cure and compliance options in defending against PAGA claims with Lindsay David and Alex Polishuk in our upcoming webinar, "What Employers Need to Know to Utilize PAGA’s New Cure and Compliance Defenses," on Wednesday, July 31st: https://lnkd.in/g3BzuWU4. #paga #employers #laborlaw

Denied workers' compensation? Our knowledgeable attorneys can help navigate appeals. Call us now or visit igothurtinjersey.com to find out more. #igothurtinjersey #hurtinjersey #personalinjury