As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many.  After a recent Ninth Circuit ruling, employers must be more vigilant than ever in monitoring and responding to employee social media postings, even when they are personal and “off duty.”

Major changes to PAGA are now official. Most importantly:

• Employees must have experienced each of the alleged violations to have standing to sue;
• Employers can correct inaccuracies on paystubs without penalty; and 
• Employers who take specific steps to prevent Labor Code violations will be able to substantially reduce liability. 

On June 18, 2024, Governor Newsom, in collaboration with legislative leaders, unveiled a landmark agreement to reform the Private Attorneys General Act (PAGA). 

The worldwide pandemic, focus on social justice, sharp political divisions, quiet quitting and the Great Resignation are all events that have impacted and altered employment relationships. At the same time the modern workplace is becoming dispersed, virtual and vocal, workplace regulation – the laws that form the structure of the traditional employment relationship – is becoming even more challenging for employers struggling to meet the challenges of the next generation of workers.

California has now joined New York City and Colorado in requiring employers (for Golden State employers, of 15 or more) to publish “pay scales” in job postings. As with many things California, however, the new law (which becomes effective on January 1, 2023) regulates, but doesn’t guide. Pay transparency may be a worthy goal to effectuate parity, but employers face more questions than the new mandate answers. Mintz attorneys Paul Huston and Jen Rubin developed a field guide for pay “rangers” to help human resource professionals tackle this new law.