Wage and hour laws on topics such as minimum wage and equal pay are expected to affect employers in 2022. In an interview with Law360, Attorney Antwoin Wall explained that after the results of recent employer-friendly court rulings, there’s an expected elevation in activity in 2022 for California’s Private Attorneys General Act, which lets workers sue on behalf of the state for labor law violations.
“There were a couple of decisions this year that appear to be turning the tide in terms of maybe employers receiving some defense to the PAGA lawsuits being brought,” said Wall. Those recent cases include Roderick Magadia v. Wal-Mart Associates Inc., in which a Ninth Circuit panel held in May 2021 that a worker must have personally suffered an injury to bring a PAGA claim on behalf of others. In September 2021, in Wesson v. Staples Inc. et al., a California appeals court panel set a standard for when trial courts can ax PAGA suits for being unmanageable.
“This manageability basis or defense is going to be huge for employers and probably something most defense attorneys will be leaning on moving forward,” shared Wall.
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