Aileen R. Nguyen joined the firm as a litigation associate in April 2024. Her developing practice includes mass torts, employment litigation, and business litigation. Ms. Nguyen graduated from the University of California, Irvine with a B.A. in Quantitative Economics and a minor in Statistics. She earned her J.D. from the University of Iowa College of Law where she served on the editorial board of Iowa Law Review. Shortly after admission to the California Bar, Ms. Nguyen worked to represent thousands of wildfire victims against PG&E following the devastating Northern California and Camp Fires.

Xavier E. Harris is a member of the firm’s litigation team. He joined the firm in April 2024. His practice includes representation of clients in commercial, employment, and elder abuse matters. As a hallmark of his practice, Mr. Harris finds creative solutions for his clients–even when the odds are stacked against them. Mr. Harris is a native of St. Louis, Missouri. Mr. Harris graduated from the University of Missouri-Columbia and Golden Gate University School of Law. Prior to joining our firm, Mr. Harris interned, clerked, and worked as an associate at various law firms specializing in transactional matters, estate planning, civil litigation, and criminal appellate matters.

Labor and Employment Updates

Minimum Wage

Effective July 1, 2024, these localities will increase their minimum wage to:

• Alameda: $17.00 per hour;
• Berkeley: $18.67 per hour;
• Emeryville: $19.36 per hour;
• Fremont: $17.30 per hour;
• Milpitas: $17.70 per hour; and,
• San Francisco: $18.67 per hour.

Employers should confirm in which cities their employees work to determine if any minimum wage ordinances apply. Employers should consider remote workers in this analysis.

Clients can quickly reference the California Chamber of Commerce Local Ordinances Wizard to determine which local ordinances and labor law posters apply to their business or location(s). Many of these local ordinances contain notice requirements. CalChamber sells required posters that are compliant with various California city and county local ordinances.

As a reminder, as of April 1, 2024, fast food restaurant employees who work for fast food restaurants that are covered by the new law must be paid at least $20.00 per hour.

Major Reforms to California’s Private Attorney General Act

On July 1, Governor Gavin Newsom signed two bills that reform aspects of PAGA, with the reforms taking effect retroactively to June 19. According to the Governor’s office, here are the major changes that will result from these bills:

Reform penalty structure:

• Encourages compliance with labor laws by capping penalties on employers who quickly take steps to fix policies and practices, and make workers whole, after receiving a PAGA notice, as well as on employers that act responsibly to take steps proactively to comply with the Labor Code before even receiving a PAGA notice.
• Creates new, higher penalties on employers who act maliciously, fraudulently or oppressively in violating labor laws.
• Ensures that more of the penalty money goes to employees by increasing the amount allocated to employees from 25% to 35%.

Reducing and streamlining litigation:

• Expands which Labor Code sections can be cured to reduce the need for litigation and make employees whole quickly.
• Protects small employers by providing a more robust right to cure process through the Labor and Workforce Development Agency (LWDA) to reduce litigation and costs.
• Codifies that a court may limit both the scope of claims presented at trial to ensure cases can be managed effectively.

Improving measures for injunctive relief and standing:

• Allows courts to provide injunctive relief to compel businesses to implement changes in the workplace to remedy labor law violations.
• Requires the employee to personally experience the alleged violations brought in a claim.

Strengthening state enforcement:

• Give the Department of Industrial Relations (DIR) the ability to expedite hiring and fill vacancies to ensure effective and timely enforcement of employee labor claims.

If you have questions about how to navigate California’s labor and employment laws, contact our team of seasoned employment litigators and counselors Amanda L. Riddle, Steven M. Berki, Sumble Manzoor, Aileen R. Nguyen, Willa Mankins, Daniel J. Martinez or Xavier E. Harris.

This newsletter should be considered informational only. Nothing in this newsletter is intended to create an attorney-client relationship.