Joint Employer Bill Making Its Way Through Congress
By: Rebecca Hause-Schultz
The House Education and Workforce Committee voted to approve the Republican-sponsored “Save Local Businesses Act,” which seeks to change both the Fair Labor Standards Act (“FLSA”) and the National Labor Relations Act (“NLRA”) to require that a company exert “direct, actual, and immediate” control of a worker to be considered a joint employer of another company’s employees.
Ignorance Is No Defense: Appellate Court Rules That Plaintiffs Can Recover PAGA Penalties For Wage Statement Violations Without Showing The Violations Were Knowing And Intentional
- Written by Jarred Lieber
The Private Attorney General Act (“PAGA”) allows an employee to file an action “on behalf of himself or herself and other current and former employees” to recover civil penalties for violations of the Labor Code that otherwise would be assessed and collected by the State’s Labor and Workforce Development Agency. A recent appellate decision, Lopez v. Friant & Associates, LLC, is illustrative of how PAGA has been weaponized by plaintiff attorneys.
In Lopez v. Friant & Associates, LLC, the plaintiff brought a PAGA action alleging his employer failed to include the last four digits of its employees’ Social Security numbers or employee identification numbers on itemized wage statements, in violation of Labor Code section 226(a)(7). A private cause of action under Labor Code section 226(e) requires the plaintiff to prove that the employer’s violation was “knowing and intentional.” The question at issue in Lopez was whether a plaintiff only seeking civil penalties under PAGA for a wage statement violation is similarly required to show that the employer’s violation was “knowing and intentional.” Like several Federal court cases that addressed this issue, the California Appellate Court held that the plaintiff did not have to show that the violation was “knowing and intentional.”