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Civil Litigation

Jun. 28, 2024

New legislation limits the scope of PAGA claims and caps penalties, but may result in increased litigation

Critically, the new legislation codifies that a PAGA plaintiff may bring a claim for only those violations of the Labor Code that he or she actually suffered. Although this theoretically could limit the scope of PAGA lawsuits, it could also result in a rise in multi-plaintiff PAGA litigations or a multiplicity of simultaneous PAGA litigations.

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The California legislature is widely expected to pass legislation today that will implement the most significant changes to the state’s Private Attorneys General Act since it was enacted 20 years ago. If passed, the new law will avert the PAGA repeal initiative that will otherwise be on the California ballot in November.

The amendments to PAGA will apply to lawsuits brought on or after June 19, 2024, unless the related PAGA notice letter w...

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