Estrin Legal Staffing’s Post

On June 18, 2024, Governor Newsom reached a deal to reform California’s Private Attorneys General Act (PAGA). The agreement reforms penalty structure, reduces and streamlines litigation, improves measures for injunctive relief and standing, and strengthens state enforcement. ✔️ Reform Penalty Structure: Penalties are capped on employers who take steps to fix policies and practices after receiving a PAGA notice, as well as on employers who act responsibly to take steps proactively to comply with the labor code. The agreement also created new, higher penalties on employers who act maliciously, fraudulently, or oppressively in violating labor laws. Finally, it ensures that more of the penalty money goes to employees by increasing the amount allocated to employees from 25% to 35%. ✔️ Reduce and Streamline Litigation: The agreement expands which Labor Code sections can be cured to reduce the need for litigation, and provides small employers a more robust right-to-cure process. Finally, it codifies that a court may limit the scope of claims presented at trial. ✔️ Improve Measures for Injunctive Relief and Standing: By doing so, the hope is that businesses will implement changes in the workplace to remedy labor law violations. Employees also must personally experience the alleged violations brought in a claim. ✔️ Strengthen State Enforcement: The Department of Industrial Relations (DIR) now has the ability to expedite hiring and fill vacancies. However, the deal points fail to include the problem of employee attorneys reaping unreasonable attorney's fees and more than often receiving more than the employees. This refined PAGA statute still encourages attorneys to hunt for plaintiffs rather than employees with claims seeking out legal representation. Thus, the parody of the classic "ambulance chasing" lawyer would survive under this revised PAGA. . . . #TheParkmanLawFirm #freeconsultation #consultation #construction #constructionlaw #constructionlitigation #business #businesslaw #wageandhour #humanresources #hr #law #legal #litigation #transactional #lawyer #attorney #help #aid #lawfirm #sandiego #scrippsranch #california #ca #PAGA #PAGAClaim #DIR

California law has long disfavored or barred most noncompetition agreements. New laws have further strengthened the state's policy and imposed a notification requirement on some businesses that required employees to sign such agreements. https://lnkd.in/g8uGjFBg #law #employmentlaw #businesslaw

Curious about commitments in Big Law?  Join our forum discussion to explore the ins and outs of employment terms and contracts in prestigious law firms. Gain insights into career paths and contractual obligations in the legal industry! https://lnkd.in/gxZt7uJq #BigLaw #LegalCareer #EmploymentContract #LawForum

Some very useful insights as we anticipate the next moves in this latest round of BigLaw salary and bonus increases - not to mention as we forecast the future of BigLaw in general! #biglaw #legalrecruiting #amlaw #amlaw100 #corporatelawyer

What do you think the best lawyer compensation model is? 💰 The way lawyers are paid can have far-reaching effects on the culture and harmony within law firms. Certain models may create unnecessary drama and hinder a firm’s progress. Looking for solutions to make your compensation model more flexible and in tune with modern needs? Then you need to check out these three tips ➡️ https://brnw.ch/21wG9PY #AttorneyCompensation #AttorneyProfitability #LawFirmStrategy

PAGA has been controversial since being signed into law in 2003 by former Governor Davis who signed the law five days after being recalled by voters. This controversial and questionable law is so because the attorney who brings the PAGA claim gets his fees subtracted first and before the 75% is ever paid to the state of California AND before the 25% is split between all the employees of the companies. This results in the attorney receiving much more than each employee. As an example, if $100 is the sum owed by the employer as result of the lawsuit, the attorney subtracts his fee percentage, (assuming it is 33%) equating to $33, leaving $66 which California is then paid 75% or $49.50, and lastly the entire group of employees splits the remaining 25% or $16.50. In nearly every case, the attorney is paid more than the employee(s) s/he is trying to "help." This fact is never explained to the employee when first consulting the labor attorney, but instead to encourage the employee to litigate, that attorney highlights the overall judgment amount that is possible, and that s/he will not be charging the employee for attorney services and will only get paid if the case is won, never mentioning how those fees are actually split at the end. The employees which the law ostensibly is created to protect, receive little to nothing, while their attorney is paid the largest individual share of the amount received through the litigation. It is a classic example of the legislature using "public protection" as a disguise to pass laws such as PAGA (characterized as an employee protection statute) that actually benefit the government and those in higher earning brackets (lawyers) more than it does employees. A new law, CECALI, if adopted by voters would repeal PAGA and replace it with new legislation that would permit the Labor Commissioner, only, to award penalties. The most important change: the law requires that 100% of monetary penalties assessed be awarded to employees, while barring Plaintiffs’ attorneys from recovering any fees unless otherwise specified by CA's labor code. . . . #TheParkmanLawFirm #freeconsultation #consultation #construction #constructionlaw #constructionlitigation #business #businesslaw #wageandhour #humanresources #hr #law #legal #litigation #transactional #lawyer #attorney #help #aid #lawfirm #sandiego #scrippsranch #california #ca #EmploymentLaw #PAGA #CaliforniaLaw

Expect DC's new #paytransparency law to become effective in June 2024. Here are the details from Seyfarth Shaw LLP. #hrlaw #employmentlaw #washingtondc

With Approval of Final Rule, FTC Puts Final Nail In The Non-Compete Coffin (Pending Legal Challenges Notwithstanding) What was once merely proposed is now final, with the FTC’s recent approval of a Final Rule essentially prohibiting all such provisions except for those involving “senior executives” or related to the sale of a business. Read the full article on my website:  https://lnkd.in/g92yGVkS #Employers #Law #Legal #Court #Business

Our Co-founder and Partner Scott Yaccarino shares with The American Lawyer his view of Big Law partner pay trends, noting that new high-water marks in compensation are sustainable. "I don’t believe we’re seeing a bubble with respect to partner compensation. Demand for legal services is up, billing rates seem stable, and given interest rates and the state of the capital markets, the market isn’t even moving near full speed." #legalindustry #lawfirms #lawfirmleadership #lawfirmlife #biglaw #legalrecruitment #legalcareers #lawcareers