The California Private Attorneys General Act (“PAGA”) allows aggrieved employees to file lawsuits to recover civil penalties for Labor Code violations on behalf of themselves, other employees, and the state of California. Recoverable civil penalties can be significant. For example, for violations of Labor Code provisions that do not specify a penalty amount, PAGA provides default civil penalties at $100 for each aggrieved employee per pay period for the first violation, and $200 for […]

“Robust, contemporaneous documentation is often the most critical factor in determining the applicability of any affirmative defense. The catchall “factor other than sex” defense makes it legal to pay employees different amounts for any number of legitimate business reasons,” said Matthew J. Gagnon, Partner, Labor & Employment, Seyfarth Shaw.

Matthew’s practice focuses on helping employers navigate the evolving landscape of federal and state wage and hour and anti-discrimination laws and defending employers against all manner of employment […]