By Michael Kun and Matthew A. Goodin
California employers are celebrating a new California Supreme Court decision that effectively prevents unions from filing suit under the Labor Code Private Attorneys General Act ("PAGA") and the Unfair Competition Law ("UCL").
There is no reason to celebrate.
What appears to be a major victory for employers is, in fact, no victory at all once one considers the practicalities of litigation.
On June 29, 2009, the same day that it issued its highly anticipated opinion in Arias v. Supreme Court, holding that employees need not bring representative ...
By Michael S. Kun and Aaron Olsen
You probably remember the scene in Jaws when Roy Scheider's character first sees the shark that he and his crew have been pursuing.
And you probably remember what he says: "We need a bigger boat."
Well, after the California Supreme Court's latest ruling, California employers may need a bigger boat.
Already besieged by wage-and-hour class actions, California employers now need to brace themselves for a new wave of representative actions under California’s Private Attorneys General Act ("PAGA") after the California Supreme Court has made it ...
By Michael Kun
The wage hour class action epidemic that has plagued California employers for the last decade or so appears to have no end.
If anyone tells you otherwise, they are not paying enough attention.
And if they tell you the California Supreme Court is about to put an end to the epidemic, they are mistaken about that, too.
The California Supreme Court couldn't put an end to it even if it wanted to, at least not with the issues now before it. And who is to say that they want to do that anyway?
As in recent years, employers and their counsel are awaiting several important rulings from the ...
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