Defending California Wage and Hour Litigation Amid New Legislation and Court Decisions

Navigating PAGA Claims, Joint Liability for Misclassification, and Wage and Hour Violations

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, October 28, 2015

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to counsel for employers operating in California on navigating the challenges of wage and hour litigation in the employee-friendly state. The panel will discuss the difficulties posed by Private Attorneys General Act (PAGA) claims and joint employer liability for wage violations and review recent court decisions.

Description

Wage and hour lawsuits are one of the most significant workplace liability risks for all employers. Settling or losing a wage and hour action can be expensive—an employer was recently ordered to pay $187 million to 187,000 current and former employees in a wage and hour matter. Companies doing business in California face even greater challenges in the wake of recent court decisions and a new joint employer liability law.

Employers are confronting increasing claims under the PAGA, which allows citizens to seek penalties on behalf of the state’s labor department for wage and hour violations on the heels of the California Supreme Court’s 2014 ruling in Iskanian v. CLS Transportation that PAGA representative claims cannot be waived in arbitration agreements.

In addition, new state laws and court decisions applicable to joint employers and employers who contract with staffing agencies to supply workers put employers at risk of direct liability for wage and hour violations and misclassification.

Listen as our distinguished panel of California employment law attorneys provides guidance to counsel for companies operating in California on the challenges of litigating wage and hour claims in the employee-friendly state. The panel will discuss the difficulties posed by PAGA claims and joint employer liability for wage violations and review recent court decisions that highlight the risks of doing business in California for employers.

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Outline

  1. Overview of FLSA and state wage and hour causes of action
  2. Private Attorneys General Act (PAGA) claims
  3. Section 2810.3 employer liability for wage and hour violations
  4. Section 226.8 joint liability for willful misclassification
  5. Review of recent court decisions

Benefits

The panel will review these and other key issues:

  • Which companies and employers are covered under new California laws?
  • What language should companies include in arbitration agreements to address PAGA claims?
  • What contractual indemnity provisions should employers include in agreements with staffing agencies?
  • What best practices should California employers institute to monitor labor contractors for wage and hour compliance?

Faculty

Leslie L. Abbott
Leslie L. Abbott

Partner
Paul Hastings

Ms. Abbott is Co-Vice Chair of the firm’s Employment Law Department and is Co-Chair of its nationwide Wage...  |  Read More

Roland M. Juarez
Roland M. Juarez

Partner
Hunton & Williams

Mr. Juarez focuses exclusively on employment and labor law, including complex employment litigation and problem...  |  Read More

Cheryl D. Orr
Cheryl D. Orr

Partner
Drinker Biddle & Reath

Ms. Orr is Chair of the firm's national Labor & Employment Practice Group. She concentrates her practice...  |  Read More

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