 Lauren Teukolsky was quoted in a January 14 Bloomberg Law article about recent developments surrounding the Private Attorneys General Act (PAGA), a California law that permits employees to stand in the shoes of the state to enforce provisions of the Labor Code on behalf of an entire workforce.
A growing number of employers require workers to sign mandatory arbitration agreements, forcing workers into a private court system that deprives them of a judge and jury. Employers also may require employees to waive their right to bring class action lawsuits through a mandatory arbitration agreement. However, the U.S. Supreme Court held in 2022 that employers may not require employees to waive their right to bring a PAGA action through an arbitration agreement. Several important pending lawsuits will define the scope of PAGA, and whether workers must arbitrate some aspects of their PAGA claims. Bloomberg law quoted Ms. Teukolsky saying, “Defendants are trying to figure out ways to send pieces of [PAGA] cases to arbitration to narrow them and to slow them down.” She also noted that when aspects of PAGA cases are sent to arbitration, the effect of an arbitrator’s ruling on the PAGA claim pending in court is “still an open question.” Ms. Teukolsky has represented workers for over two decades and her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times. To read the article in its entirety, click here. If you believe you’ve been treated unlawfully in the workplace and want to get in touch with our office, click here.
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 California passed AB 288, dubbed the “NLRB Fill-In” Law, that allows the state to fill in the gaps of federal agencies that are unwilling or unable to act. The National Labor Relations Board (NLRB) was gutted by Trump early last year, leaving the board without a quorum necessary to handle the growing backlog of labor disputes. The NLRB Fill-In law would have allowed the state’s labor board to take over cases when the NLRB takes too long to make decisions or remains quorumless.
A federal district court recently blocked the most important parts of this law. The judge ruled that the National Labor Relations Act (NLRA), which created the NLRB, preempts any California law. The court explained that California cannot simply take over federal responsibilities just because the state thinks the federal agency is moving too slowly or lacks independence. To keep labor rules consistent across the nation, the court decided that the federal government must maintain exclusive authority over private-sector labor issues. However, the court left some parts of the law intact, but only when the NLRB explicitly declines jurisdiction or workers lose coverage under the federal agency. Lauren Teukolsky has represented workers for over two decades and her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times. If you would like to speak with her about an employment matter, click here. For our previous coverage on AB 288, click here.  Starting January 1, 2026, California workers will be protected by several new laws. In Part 2 of our 2026 employment law update, we discuss two new laws that now cover California workers.
Senate Bill 294, The Workplace Know Your Rights Act, requires all California employers to provide an annual written notice to employees that outlines their rights. The notice must cover an employee’s constitutional rights, protections against unfair immigration-related practices, workers’ compensation benefits (including disability pay), and medical care for injuries sustained on the job. A key provision of SB 294 is the requirement for employers to offer an emergency contact designation. By March 30, 2026, employers must allow workers to name a specific person to be notified if the worker is arrested or detained at the worksite or during work hours. This measure was developed in response to workplace immigration enforcement actions, which often left families unaware of a worker’s whereabouts. Assembly Bill 250 establishes a "revival window" from January 1, 2026, through December 31, 2027, allowing survivors of sexual assault to file civil lawsuits even if the original statute of limitations has expired. This law permits survivors to seek damages for past incidents provided they can allege that a liable party actively engaged in a "cover-up" to conceal the misconduct. By defining a cover-up to include the use of restrictive non-disclosure agreements or the failure to investigate prior complaints, AB 250 significantly increases legal exposure for companies that have historically protected abusers from accountability in the workplace. Lauren Teukolsky has represented workers for over two decades, and her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times. If you believe you have experienced a legal violation at work, click here to get in touch with our office. |
AuthorLauren Teukolsky is the founder and owner of Teukolsky Law, A Professional Corporation. Archives
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Teukolsky Law, A Professional Corporation, represents clients throughout California. Ms. Teukolsky is admitted to practice in the State of California, as well as the United States Supreme Court, Ninth Circuit Court of Appeals, Northern District of California and Central District of California. Disclaimer.
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Copyright © 2017