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
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week while on hiatus.
PFA Passes House. On April 15, 2021, the U.S. House of
Representative passed the Paycheck Fairness Act by a vote of 217-210
Critical shortages prompted companies to ration, clean and reuse disposable equipment.
Apr 23rd, 2021
In this Friday, May 8, 2020 file photo, a respiratory therapist pulls on a second mask over her N95 mask before adding a face shield as she gets ready to go into a patient s room in the COVID-19 Intensive Care Unit at a hospital in Seattle. Medical providers may soon return to using one medical N95 mask per patient, a practice that was suspended during the pandemic due to deadly supply shortages.
AP Photo/Elaine Thompson
The Biden administration has taken the first step toward ending an emergency exception that allowed hospitals to ration and reuse N95 medical masks, the first line of defense between frontline workers and the deadly coronavirus.
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What’d I Miss? We do not want to rehash old news, but in the interest of keeping our readers informed, here is a quick rundown of some of the items the
Buzz missed last week while on hiatus.
PFA Passes House. On April 15, 2021, the U.S. House of Representative passed the Paycheck Fairness Act by a vote of 217–210 (one Republican voted “yea”). The bill will face an uphill climb in the U.S. Senate due to the legislative filibuster.
Workplace Violence Bill Passes House. On April 16, 2021, the Workplace Violence Prevention for Health Care and Social Service Workers Act passed the House by a vote of 254–166 (38 Republicans voted “yea”).