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
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Employers in the hotel, event center, airport and private club sectors and those providing services to commercial buildings must now give employees who were laid off due to the COVID-19 pandemic preferential recall rights over other applicants. The requirements became effective last Friday, April 16, 2021, on California Governor Gavin Newsom’s signing of Senate Bill 93 into law.
The Covered Employers
The hotel operations subject to the new statewide requirements are those consisting of 50 or more guest rooms or suites. The number of rooms or suites that determines coverage under the new law is the number as of December 31, 2019 or on the opening of the hotel, whichever number is greater.