In this episode of the Point Two podcast, Seyfarth Partners Christopher Crosman and Michael Afar discuss top developments in PAGA cases, increases in filings in PAGA only actions, and the upcoming ballot initiative to repeal PAGA as a whole.

Christopher and Michael are both Editors in Chief for Litigating California Wage & Hour Class and PAGA Actions eBook. The 23rd edition of this publication is now available to read here. Additionally, you can view the webinar recording that reviews the top legal developments and wage and hour trends in the Golden State, from an employer-side perspective. In addition to our eBook, check out the PAGA Paraphrased series where Seyfarth’s Wage Hour Litigation practice group analyze recent PAGA claims.

Over the past several years, the Equal Employment Opportunity Commission has stepped up enforcement aimed at protecting young workers in low wage jobs from sexual harassment, discrimination, and retaliation. In 2022, EEOC Vice Chair Jocelyn Samuels spoke out about EEOC’s efforts to reach teenagers, who “aren’t aware of their rights, and are particularly subject to harassment and other forms of discrimination at work.” In January 2023, the EEOC published a draft of its Strategic Enforcement Plan for Fiscal Years 2023-2027, which emphasized the EEOC’s focus on “vulnerable and underserved workers,” including seasonal and temporary workers in lower wage jobs, and among other areas. In this two-part episode, Seyfarth Partners Rob Szyba and Andrew Scroggins discuss EEOC leadership, its enforcement actions and trends in recent years, and the potential implications for employers in the amusement and attractions industries, as well as ideas for ways those employers can stay out of the EEOC’s crosshairs.

Over the past several years, the Equal Employment Opportunity Commission has stepped up enforcement aimed at protecting young workers in low wage jobs from sexual harassment, discrimination, and retaliation. In 2022, EEOC Vice Chair Jocelyn Samuels spoke out about EEOC’s efforts to reach teenagers, who “aren’t aware of their rights, and are particularly subject to harassment and other forms of discrimination at work.” In January 2023, the EEOC published a draft of its Strategic Enforcement Plan for Fiscal Years 2023-2027, which emphasized the EEOC’s focus on “vulnerable and underserved workers,” including seasonal and temporary workers in lower wage jobs, and among other areas. In this two-part episode, Seyfarth Partners Rob Szyba and Andrew Scroggins discuss EEOC leadership, its enforcement actions and trends in recent years, and the potential implications for employers in the amusement and attractions industries, as well as ideas for ways those employers can stay out of the EEOC’s crosshairs.

The wave of pay transparency laws is growing. The Westchester County, New York and the City of Ithaca are the two newest jurisdictions in the State of New York to require the disclosure of the salary or hourly wage in a job posting for the respective position. Join Rob Szyba and Maria Papasevastos as they parse through these two ordinances, discuss the effective dates and the timing of compliance, and draw comparisons to the other laws requiring pay transparency.

Earlier this year, New York City caught the attention of many employers who have employees in New York City by passing a law requiring pay transparency in job postings. Specifically, the law required that every time an employer would advertise a job, promotion, or transfer opportunity, the job posting must include the minimum and maximum salary for the position. On May 12, 2022 -- three days before the law was scheduled to go into effect -- New York City Mayor Adams signed into law an amendment that made significant changes to the law, such as pushing back the effective date to November 1, 2022. Join Rob Szyba and Maria Papasevastos as they discuss the various other revisions to the law, as well as their thoughts on compliance for employers.

In a recent trend of significance to many employers, jurisdictions across the country have focused on pay transparency as a tool to further support pay equality principles. Jersey City, New Jersey joins the growing list of jurisdictions that have recently passed wage range disclosure laws that will require information regarding compensation and benefits in job postings. Join Rob Szyba and Maria Papasevastos as they parse through the text of the Jersey City, NJ requirements.  Together they will discuss which employers might be covered, the information that must be disclosed, timing issues and other key compliance requirements.

On March 22, 2022, the New York City Commission on Human Rights released a Fact Sheet providing guidance to employers on Salary Transparency in Job Advertisements under New York City’s new law going into effect on May 15, 2022. Seyfarth Partner Rob Szyba leads a discussion with Katherine Greenberg, Special Counsel for the New York City Commission on Human Rights, to gain further clarification of what constitutes a “salary” for purposes of such disclosure, certain jurisdictional questions in the context of remote positions, and whether such salary disclosure itself constitutes age discrimination.

In part five of the series, Jerry outlines the ways in which workplace arbitration programs continued to have a profound impact on workplace class action litigation in 2021. Jerry discusses how these programs influenced the nature of class action litigation filed and shifted the types of claims and what to expect in 2022.

In part four of the series, Jerry analyzes the significant impact of COVID-19 on all aspects of life in 2021, including the legal system in general and workplace class action litigation in particular. Here Jerry explains how COVID-19 changed the class action world in 2021 and what lies ahead for 2022.

In part three of the series, Jerry details how government enforcement litigation shifted in 2021, with changes representing a significant shift in philosophy and practice. Jerry explains what occurred in the government enforcement world last year and what is apt to happen in 2022.