About

Brian S. Fong is an associate in the Labor and Employment Practice Group in the firm's San Francisco office.

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As previously discussed, on June 18, 2024, California’s political leaders announced a tentative deal to reform a number of aspects of California’s Private Attorneys General Act (“PAGA”). On June 27, 2024, the PAGA reform bills, Senate Bill 92 and Assembly Bill 2288, were approved by the California Legislature and on July 1, 2024, Governor Newsom signed both bills into law. The PAGA reform bills contain urgency clauses such that the bills take effect upon signing. Both bills explicitly apply only to PAGA claims filed on or after June 19, 2024, or those PAGA claims for which the required notice to California’s Labor Workforce Development Agency (“LWDA”) was filed on or after June 19, 2024. The PAGA reform bills add details to the previously announced key reform components of increased employee share of PAGA penalties, caps on penalties for employers who take steps to comply with the Labor Code or fix potential issues after receiving notice of a PAGA claim, and requiring the representative plaintiff to experience every alleged PAGA violation to have standing. These reform bills are likely to curb, but not eliminate PAGA litigation for California employers going forward.

Continue Reading A Closer Look: Unpacking California’s Landmark PAGA Legislation

About

Brian S. Fong is an associate in the Labor and Employment Practice Group in the firm's San Francisco office.

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