The Private Attorneys General Act (PAGA) authorizes individual employees to file lawsuits to recover civil penalties on behalf of the state of California, themselves, and any other aggrieved employees for possible Labor Code Violations.

However, it has become like the bounty hunter law. The plaintiff's bar has turned it into a real money-making scheme because it triggers a right to recover attorney's fees.

Some employers seek to include PAGA waivers in their arbitration agreements, but PAGA representatives claim it is unlawful under California law. So there have been multiple petitions to the U.S. Supreme court to evaluate whether the Federal Arbitration Act preempts this California prohibition against PAGA waivers. All eyes on that one.

Nevertheless, there's another employment law issue in California. A new law prohibits employers from mandating arbitration agreements as a condition of employment or continued employment. What does this mean for employers with many non-exempt employees in California? How do they go around this hurdle for employees to sign these all-important arbitration agreements?

In this BR @ Work podcast episode, host William Anthony sits down with Partners at Blank Rome LLP, Caroline Donelan, and Natalie Alameddine. They discuss the shifting world of labor and employment law in California, especially the PAGA, issues around arbitration agreements, the forthcoming vote for the Fair Pay and Employer Accountability Act, what every multi-state employer should be thinking about, and more.

Name: William J. Anthony

What he does: As a Partner at Blank Rome, Will’s labor and employment practice focuses on class, collective, and multi-party actions. He also provides training on management skills, discrimination, harassment, and other labor topics nationwide.

Company: Blank Rome LLP

Words of wisdom: “In my three decades of practicing employment law and representing employers in workplace issues, I have noticed that new laws, social movements, and job loss are really the drivers of unrest in the workplace and claims being made about that unrest.”

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Name: Caroline Donelan

What she does: As a trusted adviser and strategic partner to both domestic and foreign clients, Caroline provides advice and defense counsel in all areas of employment law compliance and litigation, including wage and hour class and representative (“PAGA”) actions, wrongful termination/retaliation, discrimination, harassment, trade secret disputes, data protection, and alleged fiduciary breaches.

Company: Blank Rome LLP

Words of wisdom: “When I talk to my clients that are human resource professionals, I say, when they're making tough decisions, I say put the human back in that human resources. I think kindness is king. That applies to my professional advice to employers..”

Connect: LinkedIn

Name: Natalie Alameddine

What she does: Natalie Alameddine concentrates her practice on labor and employment law, where she defends employers in single-plaintiff and class action employment matters. She also represents and counsels employers in a wide range of labor and employment...