- Posts by Christopher AndrePartner
Christopher Andre is a seasoned civil litigator who focuses his practice on civil litigation and advising and representing employers. Mr. Andre is an editor of and frequent contributor to the firm’s Labor and Employment Law ...
Seventeen years ago, in 2004, the California Legislature enacted the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Appropriately dubbed a “bounty hunter” law, PAGA authorizes any current or former “aggrieved” employee of a California employer to file suit to seek statutory penalties for essentially any violation of the California Labor Code together with attorney’s fees, hence the incentive for plaintiff attorneys to bring such cases. Specifically, under PAGA a current or former employee who is “aggrieved” by a violation of the California Labor Code can seek in addition to damages and liquidated damages, civil penalties on the employee’s behalf and on behalf of all other similarly “aggrieved” (i.e., affected) current and former employees. The recoverable civil penalties are up to $100 per employee per pay period for an initial violation and $200 per employee per pay period for each subsequent violation, plus attorney’s fees and litigation costs. When such penalties are awarded, the plaintiff current or former employee along with all other similar “aggrieved” employee will receive 25% of the penalties together with their attorney’s fees as a “bounty,” with the balance of the penalties payable to a State agency known as the California Labor and Workforce Development Agency.
Liability insurance policies typically provide two forms of coverage: (1) coverage for the defense of lawsuits alleging claims covered by the policy in question, and (2) coverage for the settlement of claims covered by the policy in question that the insurer and the insured agree to for payment of a judgment against the insured when a judgment is the result of a covered claim against the insured.
On February 23, 2018, California’s Fourth Appellate District held an employment agreement between a staffing firm and a truck driver was governed by California law and not by the Federal Arbitration Act.
Many employers purchase Employment Practices Liability Insurance (“EPLI”) polices to protect themselves against employment related lawsuits by current or former employees or job applicants, such as claims of alleged discrimination, harassment, retaliation, and wrongful termination.
The “Claims Made and Reported” Time Trap
EPLI policies are often written on a “claims made and ...
Other AALRR Blogs
- Reliance on Third-Party Agents Can Expose You to Substantial Liability
- California Labor Codes’ Policy Against Forum Selection Clauses Overrides Compulsory Cross-Complaint Laws
- Privacy and Data Security National Update: Increasing Federal Involvement in Data Security and Enforcement
- California Privacy Law Update: The California Privacy Protection Agency Takes Shape and CCPA Litigation Update
- California Privacy Law Update: The CCPA and CPRA Amended (Yet Again) and New Protection for Genetic Information
- California Court of Appeal Issues Potentially Far Reaching Decision Regarding California’s “Bounty Hunter” Labor Code Private Attorneys General Statute
- Supreme Court Ruling Narrowing Patent Assignor Estoppel Doctrine Favors Employee Mobility In Post-Employment Disputes Involving Invention Assignments
- Supreme Court Ruling in Google v. Oracle Marks Significant Victory for Copyright “Fair Use” in Commercial Works
- Recent Amendment to California’s Homestead Exemption May Make Recovery On Personal Monetary Judgments More Difficult
- California Appeals Court Increases Creditor Protections, Limits Protections for a Debtor’s Out-Of-State Transfers.
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