Blog: The Labor & Employment Law Blog

The California Department of Industrial Relations (“DIR”) recently issued some FAQs regarding how PAGA claims are administered following reform legislation.  As you may know, the CA Legislature acted earlier this year to pass legislation to reform PAGA in order to avoid a vote by citizens this November on a ballot measure to repeal the PAGA statute.

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Election season is upon us. This means your employees have already voted or will request leave to vote on election day. In California, employees who are eligible to vote in a statewide or national election may request leave to vote from their employers if the employees do not have enough time outside their working hours to vote. California employees are allowed to take as much time as needed to vote; but employers are only required to pay employees for up to two hours of voting leave. Any remaining leave time will be unpaid. In California, an employee may take voting leave at either the beginning or the end of their regular work shift, whichever will give the employee the most time to vote and the least amount of time away from work.

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In a recent presentation at the SHRM Northern California 2024 Annual Conference, Weintraub shareholder Ryan Abernethy outlined significant updates in California employment law for employers to be aware of. The session addressed employment-related legal updates that recently took effect, including workplace violence prevention requirements, new indoor heat exposure regulations, and expansions in harassment and retaliation laws, as well as pending legislation that could have a crucial impact on employers. Recent changes to the Private Attorney General Act (PAGA) are not addressed herein but can be found here in one of our episodes of California Employment News.

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In recent years, California employers have seen legislation requiring that they advise their employees in certain situations about their right to consult with legal counsel. For example, in 2021 Senate Bill 331 (“Silenced No More Act”) amended section 1001 of the California Code of Civil Procedure, as well as the California Fair Employment and Housing Act (“FEHA”) to require, among other things, that a severance and release agreement contain a provision notifying the employee or former employee that they have the right to consult an attorney regarding the agreement. This notification under California law is separate and apart from the requirements under the federal Older Workers Benefit Protection Act (as part of the Age Discrimination in Employment Act) which also provides for such notice for employees over the age of 40.

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On July 1, 2024 Governor Newsom signed SB-92 and AB-2288 into law, which instituted sweeping reforms to California’s Private Attorneys General Act (“PAGA”). PAGA was passed 20 years ago to provide a private mechanism for employees to pursue claims on behalf of the Labor and Workforce Development Agency (“LWDA”) against employers for alleged Labor Code violations. PAGA was meant to improve compensation for and benefit workers in California, but in practice has largely benefitted plaintiffs’ attorneys, which was why reforms were necessary.

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