In the News: Sasha Thaler and Chris Deubert Discuss Proposed Private Attorney General Act for Wage-Hour Claims for HR Daily Advisor

Constangy attorneys Sasha Thaler and Chris Deubert authored an article for HR Daily Advisor discussing the growing support around a bill, modeled after California’s Private Attorneys General Act (PAGA), that would give employees the right to sue Massachusetts employers on the state’s behalf for alleged wage and hour violations.

Massachusetts state representative Tram T. Nguyen has proposed the bill in three consecutive legislative sessions, but this is the first time Nguyen has had some support from the other chamber. In detailing what this could mean for the commonwealth, Sasha and Chris explored the longstanding California PAGA, as it provides a clear perspective of the potential impact of a Massachusetts PAGA. The attorneys likewise detailed how the proposed Massachusetts PAGA would be different from California’s and the potential challenges companies would face as a result.

“The lesson of California’s PAGA experiment suggests that bringing such a law to Massachusetts is unlikely to meaningfully increase compliance or improve employees’ collection of amounts owed,” said Chris and Sasha. “However, it is likely to introduce a cottage industry of private employment litigation motivated by the potential of extracting outsized penalties or settlements from those creating jobs in the Commonwealth.”

To view the full article, you may click here.