What is PAGA and why does every California employer worry about it?
The Private Attorneys General Act lets a single "aggrieved employee" sue an employer on behalf of all other current and former employees who suffered any Labor Code violation, and recover civil penalties. Even with the 2024 PAGA reforms, PAGA exposure on a typical wage-and-hour issue affecting 100 employees over four years can easily reach seven figures. PAGA is the single biggest reason California employers retain dedicated employment defense counsel.
My LA business is in the entertainment industry — are there special employment rules?
Yes. Entertainment employers face SAG-AFTRA, WGA, DGA, IATSE, and Teamsters collective bargaining agreements layered on top of California labor law. Day-of-shoot meal periods, residuals, loan-out company classification, and writers' room health and safety rules all carry industry-specific risk. LA employment counsel with entertainment experience is essential for studios, streamers, production companies, and post-production houses.
How long do I have to respond to a PAGA notice?
33 days for most Labor Code provisions to cure (60 days for certain wage statement violations). The cure window is the highest-value period of any PAGA matter — done right, a cure can eliminate or substantially reduce penalty exposure. Move immediately on receiving a PAGA notice.
What is the LA Fair Work Week Ordinance and does it apply to my business?
It requires retail and quick-service food employers with 300+ employees globally to provide 14-day advance schedules, predictability pay for last-minute changes, and right-of-first-refusal for additional hours before hiring new staff. Multiple LA-area cities (LA City, West Hollywood, Berkeley, Emeryville) have similar ordinances with different thresholds. Have LA employment counsel map your operations to applicable ordinances.
Are non-competes enforceable in California?
Almost never against employees. Business and Professions Code Section 16600 voids most non-competes and non-solicitation of customers covenants. The 2024 amendments (SB 699, AB 1076) added affirmative employee rights and notice-of-void requirements. Limited exceptions exist for sale of business, partnership dissolution, and protection of trade secrets.
What is the difference between an employee and an independent contractor in California?
California applies the ABC test under AB 5 to most classifications: the worker must be free from the hiring entity's control, perform work outside the usual course of business, and be customarily engaged in an independently established trade. Numerous statutory exemptions exist for certain professions, but for most workers in most industries, contractor classification is difficult. Misclassification triggers wage-and-hour, tax, workers' comp, and unemployment exposure.
Should my LA employees sign arbitration agreements?
Yes for most California employers — but the agreement has to be carefully drafted. Properly drafted arbitration agreements with class-action waivers remain generally enforceable for individual claims (Viking River). Representative PAGA claims have evolved post-Viking River and continue to carry waiver-resistant features. Audit your arbitration agreements every 12-18 months.