The Latest and (Not So) Greatest on PAGA
It has been 15 years since the enactment of the Labor Code Private Attorneys General Act (PAGA). While this statute remained relatively dormant for about a decade, in the last few years it has exploded to become one of the most prevalent tools in the arsenal of plaintiff attorneys. In order to minimize your company’s risk, join presenter Sherry Shavit, Esq at a PIHRA 2020 Legal Update near you. We will discuss what PAGA is (and what it is not), and why this claim is so dangerous (and expensive). We will go over recent cases interpreting PAGA and survey recent PAGA verdicts. We will also discuss ways to minimize your company’s exposure to this potential land mine.
Sherry Shavit will provide takeaways such as:
1. An Overview of PAGA
2. Updates on the Law of PAGA
3. Strategic Methods to Minimize PAGA Exposure
Sherry’s PIHRA 2020 Legal Update, session “The Latest and (Not So) Greatest on PAGA” will be informative and entertaining. It’s a must-attend for California employers who need to know about these complex legislative topics. Above all, business owners and HR pros will gain the insight needed to navigate the trickiest new 2020 employment laws in California.
Speaker Spotlight: Sherry Shavit
Special thanks to contributing writer and PIHRA Programs Chair, Baskaran Ambalavanan. Baskaran conducted this interview with PIHRA 2020 Legal Update speaker Sherry Shavit.
PIHRA: PAGA came a decade ago and PAGA claims are expensive. Why is it gaining so much attention now?
Sherry Shavit: In recent years, the U.S. Supreme Court has chipped away at the ability to pursue class action lawsuits against employers. Plaintiff lawyers have found PAGA as a vehicle to maneuver around this for wage/hour violations in California. Now they are more commonly filing lawsuits that include a claim for PAGA penalties or even lawsuits that solely seek civil penalties under PAGA for California Labor Code violations.
In addition to contacting the attorney, what should an employer do immediately after receiving a PAGA notice?
Sherry Shavit: There are certain violations that an employer has the opportunity to cure before a lawsuit is filed. However, you only have 33 days to do so. Also, check whether your company has EPLI coverage. If so, check whether it covers wage/hour claims and put your insurance carrier on notice of a potential claim.
What are two things you tell your clients to minimize PAGA claims?
Sherry Shavit: Unfortunately, there is no magic spell that can insulate an employer from a PAGA claim. However, there are things an employer can do to minimize risk and prepare to defend a claim that may be coming down the pipeline. One is the HR Mantra: Document, Document, Document! To find out the second (and more), you will have to attend my presentation!
Why are you excited to present at the PIHRA 2020 Legal Update?
Sherry Shavit: I have had the honor of speaking at several PIHRA-wide events and serve as the Legislative Affairs Chair for the Woodland Hills chapter. With PIHRA Woodland Hills, I present legal updates at each general meeting. I truly enjoy interacting with the professionals who attend these seminars. They have amazing insight and great questions for us to discuss. I’m looking forward to another great session!