WHAT’S NEW IN 2026 HEED THE PLAGUE « Law Offices of Timothy Bowles | Top Employment Law Firm in Los Angeles

WHAT’S NEW IN 2026
HEED THE PLAGUE

Workplace Mass Litigation Is Out of Control

A quiet pandemic is plaguing California employers: the mounting wave of class actions and Private Attorneys General Act (PAGA) claims over underpaid wages, overtime, meal and rest periods and more.  The cost in defense and in settlement can be devastating.

In class actions, a current or former employee seeks appointment as representative of all current and former employees with common claims.  Fellow workers need not be aware of the issues or want to be involved.

In PAGA claims, a current or ex-employee brings the suit to collect Labor Code penalties for himself and all workers, the state receiving 65% of any recovery, the employees 35%, plus attorney fees.  Penalties can be $50 or $100 for the first offense and skyrocket to double for subsequent offenses for every pay period in which they occurred.  The employee must notify the Labor and Workforce Development Agency (LWDA) of the supposed PAGA claims at least 65 days before filing in court.

California employers are being clobbered.  Workplace class actions filings jumped from 3,472 in 2020 to 5,117 in 2023, a 47% increase.  See Ogletree Deakins article.   PAGA claims started out slowly in their first year – 11 in 2006 – but by 2023, they were at 7,780.  Duane Morris article.  Defending class action and PAGA matters now dominate our practice’s time and attention.

Compliance reviews before the lawyers come knocking is vital.  No internal review will guarantee never being sued but the benefit in limiting the chances is immense. Other “ounces of prevention” include:

  • Attending our annual employment law webinar, final session scheduled February 27; and
  • Maintaining a comprehensive policy handbook and forms, updated annually.

Take-Away:

Employers should take all steps to proof themselves against such potentially business-ending claims.  Working with a management-side employment attorney and taking advantage of available resources is a must for all businesses.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:

Helena Kobrin
January 30, 2026

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If you are an employer facing possible litigation, or have an employee issue on which you need immediate guidance, call us to set up a consultation, or submit your message.

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