PAGA = All Access Pass: California Supreme Court Says There Is No Requirement That Plaintiff Show Good Cause In Seeking Non-Party Employee Contact Information
- Written by Anthony Oceguera and Rebecca Hause-Schultz
The California Supreme Court‘s decision today in Williams v. Superior Court (“Williams”) is sure to excite opportunistic plaintiff attorneys, as it eliminates a potential – and completely reasonable - roadblock to their access of statewide discovery in Private Attorney General Act (PAGA) actions. In Williams, the Supreme Court held unequivocally that in PAGA cases plaintiffs are not required to show their claims have some basis in fact prior to seeking statewide discovery of employee contact information, even if the other employees hold vastly different jobs than the plaintiffs.
- Written by Rebecca Hause-Schultz
AB 1897, signed into law in September 2014 and codified in Section 2810.3 of the Labor Code, provides that a client employer is strictly and jointly responsible for a labor contractor’s (1) failure to pay wages, and, (2) failure to secure valid workers’ compensation coverage for workers supplied by the labor contractor. There is no requirement under AB 1897 that the client employer be found to be a joint employer of the labor contractor’s workers. The passage of AB 1897 significantly impacted client employers in the agricultural industry, who frequently rely on farm labor contractors (“FLCs”) or vineyard management companies (“VMCs”) to provide them with necessary workers.