California Court Affirms PAGA Claims Based on Cal/OSHA Violations: Are Further PAGA-Cal/OSHA Actions to Come? Wednesday, April 28, 2021
In
Sargent v. Board of Trustees of the California State University, the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a public entity employer based on statutes that themselves provide for civil penalties and PAGA claims that are based on PAGA’s default civil penalties provisions under California Labor Code § 2699(f). Section 2699(f) provides for penalties of $100 “for each aggrieved employee per pay period for [an] initial violation” and $200 “for each aggrieved employee per pay period for each subsequent violation.” Specifically, the court held that “viable PAGA claims can be asserted against [a public entity employer], but only when the statutes upon which the claims are premised themselves provide for penalties.” Many commentators
In
Sargent v. Board of Trustees of the California State University, the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a public entity employer based on statutes that themselves provide for civil penalties and PAGA claims that are based on PAGA’s default civil penalties provisions under California Labor Code § 2699(f). Section 2699(f) provides for penalties of $100 “for each aggrieved employee per pay period for [an] initial violation” and $200 “for each aggrieved employee per pay period for each subsequent violation.” Specifically, the court held that “viable PAGA claims can be asserted against [a public entity employer], but only when the statutes upon which the claims are premised themselves provide for penalties.” Many commentators focused on the public entity employer aspects of the decision, but the case was unique for its inclusion of PAGA claims based on violations of Califo
Governor Vaccine Progress Means New Mexico Can Open Soon -
By Susan Montoya Bryan, Associated Press
Gov. Michelle Lujan Grisham on Wednesday said she expects New Mexico to reopen completely by the end of June if the state reaches its goal of having at least 60% of residents fully vaccinated by then.
She made the announcement during a virtual briefing, proclaiming that the state was “conquering COVID.”
Lujan Grisham and state health officials said the state s pace of vaccinations has been as an overwhelming driver for the progress seen in recent months, with more than 60 people vaccinated for every new case of COVID-19 reported.
Prison worker alleges retaliation for report of rodents
By MORGAN LEEApril 27, 2021 GMT
SANTA FE, N.M. (AP) A mental-health worker at a state prison in western New Mexico says she was harassed and threatened by superiors after reporting details of an apparent rodent infestation, under a lawsuit filed Tuesday in state district court.
The lawsuit under the state’s Whistleblower Protection Act was filed on behalf of Nicole Ramirez, a licensed social worker and mental health clinician at the Western New Mexico Correctional Facility. The Corrections Department did not immediately respond to requests for comment by phone and email.
Advocates for improved prison conditions say supervisors of the 390-bed facility have failed for years to resolve a rat and mouse infestation at the kitchen in the women’s lockup in the town of Grants. A separate federal lawsuit filed in February on behalf of two former inmates alleges cruelty and negligence in connection with the infestation that alle
Prison workers alleges retaliation for report of rodents apnews.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from apnews.com Daily Mail and Mail on Sunday newspapers.