Mistakes in wage statements can cost employers under PAGA

In an unfavorable opinion for California employers, a California Court of Appeal recently ruled that (1) employees seeking damages in an action arising under Section 226(a) of the Private Attorneys General Act of 2004 (PAGA) needn't sustain any injury to bring the action, (2) the employer's violations need not be "knowing and intentional" to subject it to liability, and (3) the fact that the violations were mere errors is no excuse. Instead, the court expressly distinguished the requirements for obtaining "civil" versus "statutory" penalties, explaining that employees may recover civil penalties under the PAGA to benefit the general public without experiencing an injury. Read More...