Hope For Employers On The PAGA Litigation Horizon

By Spencer Skeen and Tim Johnson (March 13, 2020, 5:15 PM EDT) -- California's Private Attorneys General Act authorizes aggrieved employees to sue to recover civil penalties on behalf of themselves, other employees and the state of California for Labor Code violations. In 2019, plaintiff attorneys filed thousands of PAGA lawsuits.

The state of California and its various branches of government appear committed to applying PAGA in an expansive manner, and for good reason. A recent report estimates PAGA litigation generated more than $88 million in revenue in 2019. State agencies have little incentive to undermine that substantial revenue stream.

Most PAGA lawsuits allege hypertechnical violations of the Labor Code and wage orders and seek significant...

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