The Private Attorneys General Act Of 2004: One Of California's Newest Laws Threatens To Flood Employers With Class Action Lawsuits When An Ounce Of Prevention Could Avoid Them
Douglas A. Wickham of Littler Mendelson, P.C.
Effective January 1, 2004, the Labor Code Private Attorneys General Act of 2004 will enable California employees to bring class action lawsuits seeking substantial penalties from their employers for any violation of the California Labor Code.
Review Your Deferred Compensation Plans to Avoid Penalty Taxation
Evelyn A. Haralampu of Burns & Levinson LLP
Tucked away in the voluminous American Jobs Creation Act of 2004, which was signed into law on October 22, 2004, is a provision changing the taxation of nonqualified deferred compensation. Nonqualified deferred compensation arrangements allow employees to defer the payment and income taxation of certain compensation. If the requirements of the new law are not satisfied, however, the deferred compensation is includable in the participant's taxable income before it is paid.
New Law Expands H-1B Professional Worker Visa Program
Duff, White & Turner, LLC
On October 21, 1998, President Clinton signed legislation substantially increasing the number of H-1B vis.
"Sense and Sensibility": Legislative Amendments to the California Labor Code's Private Attorneys General Act
David J. Murphy of Morrison & Foerster LLP
The California Legislature, in a burst of "common sense" in its treatment of employers, has amended California's "bounty hunter" law to eliminate some of its more onerous provisions. These amendments, known as Senate Bill 1809, revise and amend the Labor Code's Private Attorneys General Act (Labor Code § 2699) ("Act"), which has been making headlines again as a key issue in California's budget standoff. The Legislature struck a compromise and agreed to make major revisions to the Act in order to clear the way for the budget.
Guidelines to Maximize Your Claim Under the Illinoies Workers' Compensation Act
T. Fritz Levenhagen of T. Fritz Levenhagen
I. HOW TO MAXIMIZE YOUR CLAIM: A. Consult your attorney promptly. Immediately after reporting t.
The New Jersey Workers' Compensation Fraud Act
Capehart & Scatchard, P.A.
On August 14, 1998, Governor Whitman signed into law this state's first bill specifically addressing the issue of .
Terminated California Governor Designates Employees As Private Attorneys General
Stuart W. Miller and Emilio G. Gonzalez of Davis Wright Tremaine LLP
Outgoing Governor Gray Davis has signed the "Labor Code Private Attorneys General Act of 2004" (Senate Bill 796). The Act authorizes aggrieved employees to file lawsuits against employers who violate any provision of the voluminous California Labor Code, excluding matters governed by the workers' compensation system, and to recover attorneys' fees and receive a quarter of the civil penalties.
The New Bounty Hunter Law and its Recent Reforms
Farella Braun + Martel LLP
On January 1, 2004, the Labor Code Private Attorney General's Act went into effect. Signed by Governor Davis on October 12, 2003 as Senate Bill 796, this statute created a private right of action for employees to enforce any provision of the Labor Code, with the exception of a few workers' compensation provisions. Codified as Labor Code § 2698 et seq. ("Section 2699"), this law authorized any employee to bring a civil action against his or her employer on behalf of himself or herself and others, and to collect attorneys' fees, for employment law violations that are not cited by a governmental agency.
Dramatic Changes--Workers' Compensation Hearing Process
Robert S. Stockton of Stockton, Barker & Mead
On Thursday, January 21, 1999, the Albany District initiated sweeping changes in the Hearing Process.
New California Employment Laws effective January 1, 2004
Bingham McCutchen LLP
The California legislature and Governor Davis were very active this recall election year in passing legislation that increased the cost of employersÃÂ doing business in California by establishing new employee rights and levying penalties on employers. The most notable new enactment creates a private attorney general statute that will encourage employees to sue to recover civil fines and penalties for wage and hour violations.
The necessity of employer VIGILANCE under California's "bounty hunter" law
Lloyd W. Aubry of Morrison & Foerster LLP
One of Governor Davis'last acts in office was signing S.B. 796 permitting employees to bring civil suits, including class action lawsuits, to recover penalties from employers for violations of the Labor Code. Previously, only government agencies could assess and collect civil penalties for Labor Code violations.