Long-time blog readers and CEN watchers will recall that for the last several years, we have been watching several cases discussing whether Private Attorneys General Act (“PAGA”) claims may be stricken as unmanageable. First, in the Fall of 2021, an appellate court determined that trial courts have inherent authority to strike or limit PAGA claims that could not otherwise be made manageable in order to “preserve judicial resources [and to] prevent trials from becoming excessively complex and time-consuming.” (See Wesson v. Staples the Office Superstore, LLC (2021) 68 Cal.App.5th 746). Just a few months later, a different appellate court disagreed, concluding that while a court may limit the presentation of evidence to ensure a manageable trial, courts had no authority to strike or limit PAGA claims due to unmanageability. (See Estrada v. Royalty Carpet Mills, Inc. (2022) 76 Cal. App. 5th 685.)Continue Reading California Supreme Court Determines PAGA Cases May Not be Dismissed Due to Issues of Manageability
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Outbreak: Redefined by the California Department of Public Health
The California Department of Public Health (CDPH) has updated its definition of an “outbreak.”
As previously discussed in our January 25, 2023 blog post, the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) were replaced with the COVID-19 Prevention Non-Emergency Regulations, which rely on the CDPH definition of “outbreak.” The Non-Emergency Regulations, in effect until February 3, 2025, require employers to ensure employees are protected in the workplace from COVID-19, including during an outbreak.Continue Reading Outbreak: Redefined by the California Department of Public Health
New Year, New Minimum Wage
Effective January 1, 2021, California’s minimum wage rate increased to $14.00 per hour (from $13.00) for employers with 26 or more employees and $13.00 per hour (from $12.00) for employers with 25 or fewer employees. The minimum wage will continue to increase yearly until it reaches $15.00 per hour on January 1, 2022 for employers…
Now Available! Weintraub Tobin’s 2021 Labor and Employment Virtual Seminar and Training Schedule
New California Laws Create Presumption of Workers’ Compensation Coverage for COVID-19 Infections and Impose Additional COVID-19 Exposure Reporting and Notice Requirements on Employers
California Gov. Gavin Newsom signed Executive Order N-62-20—way back on May 6, 2020—which created a presumption that employees’ COVID-19-related illnesses were caused at work and therefore covered by workers’ compensation. That order covered COVID-19 infections from March 19, 2020 to July 5, 2020, at which time the order expired. To fill the void, on…