California Court of Appeals are Split on Whether Employers Can Dismiss a PAGA Claim Based on Manageability

Timothy Long has deep experience litigating complex labor and employment issues, having served as lead counsel in multiple class, collective, and representative actions and advising on dozens more. Tim splits his time between GT’s Los Angeles and Sacramento offices, and is Practice Group Leader of the Sacramento office’s Labor & Employment Practice. Tim’s clients have included a variety of financial institutions and entities, health care-related entities, airlines, retailers, high-tech companies, and transportation and logistics companies. Tim also advises private investment funds and their partners in disputes concerning the management of funds, removal of non-performing members, and disputes involving portfolio companies. Tim has litigated virtually every wage-and-hour issue there is, including exemption, incentive compensation, independent contractor, off-the-clock, meal and rest, pay practice, and PAGA claims. He also has defeated class and collective certification (including at Stage One) in exemption, off-the-clock, and pay practice cases, and has defeated PAGA claims short of trial. Tim has also litigated a wide variety of discrimination, harassment, and retaliation claims, as well as wrongful termination, defamation, Anti-SLAPP, fraud, emotional distress, breach of contract, and other employment-related claims. Tim has both prosecuted and defended employers in trade secret and unfair business practices litigation. He has also resisted competitor efforts to enjoin the lawful practices of his clients. Tim advises businesses on employment litigation and other types of claims. He litigates employment discrimination and wrongful termination claims, as well as matters involving trade secrets. Tim provides counsel on many corporate matters and often advises entertainment industry employers on emerging issues. Tim’s employment law experience and depth of knowledge has helped numerous clients navigate the many novel issues associates with COVID-19, including advising on retention issues, cost-cutting measures, including employee furloughs and RIFs, as well as compliance with the Worker Adjustment and Retraining Notification (WARN), returning to work employment issues, as well as advising on potential claims that may arise once companies have returned to work. While Tim prides himself on helping clients avoid litigation in the first instance, if a matter proceeds to trial, Tim has the courtroom experience necessary to protect a client’s interests. Indeed, Tim is one of the few lawyers to have tried a class action to verdict, achieving a complete defense verdict, which he protected on appeal. Tim has appeared in numerous trial courts throughout and outside of California and is admitted to practice in multiple jurisdictions. Tim has also argued before several California Courts of Appeal, the California Supreme Court, the Washington State Supreme Court, the Ninth Circuit Court of Appeal, and has taken a case all the way to the U.S. Supreme Court. Tim also represents employers before state and federal administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Internal Revenue Service, the U.S. Department of Labor (DOL), the California Department of Fair Employment & Housing (DFEH), Division of Labor Standards Enforcement (DLSE), and Employment Development Department (EDD). He also conducts workplace investigations and audits. Tim has been invited to speak at and/or chair a number of conferences and programs covering a wide variety of employment law issues. Tim also writes frequently on topics of most interest to employers, as well as other employment law practitioners. For example, for the last 20 years, Tim has edited and contributed to PLI’s Employment Law Yearbook, the only treatise updated annually that focuses on employment law issues of most concern to employment law practitioners. He is also on the Board of Editors of the two most prestigious wage hour treatises; The Fair Labor Standards Act (Fourth Edition), and Wage And Hour Laws: A State-by-State Survey both published by Bloomberg Law through the ABA, Federal Labor Standards Legislation Committee, ABA Section of Labor and Employment Law in which Tim is also active. Concentrations Complex employment litigation Class, collective, and representative actions Wage-and-hour litigation Employment discrimination and wrongful termination claims Workplace investigations and audits Trade secret and unfair business practices litigation Labor law and labor relations Capabilities Labor & Employment Wage & Hour Class and Collective Litigation Employment Litigation & Trials Labor-Management Relations Litigation Trade Secrets

Rana Ayazi represents employers in state and federal courts in a wide range of labor and employment law matters, including claims for discrimination, harassment, retaliation, trade secret misappropriation, wrongful termination, and wage-and-hour violations. Her experience includes representing and advising employers in single-plaintiff, class action, and Private Attorney General Act (PAGA) lawsuits. In addition to her litigation practice, Rana assists management in creating and implementing workplace practices and policies. She regularly counsels employers on compliance with leave policies (e.g., Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), Americans with Disabilities Act (ADA), local and supplemental paid sick leave law), wage-and-hour compliance (e.g., rest break and meal period policies, timely payment of wages, proper record keeping), employee discipline issues (e.g., risk assessment of termination, separation agreements), and COVID-19 legal requirements (e.g., reporting requirements, payroll records). Rana previously served as a judicial law clerk at the Los Angeles Equal Employment Opportunity Commission where she wrote hearing decisions and grants and denials of motions for federal sector claims arising under Title VII, the ADEA, the ADA, the Rehabilitation Act, and other federal employment statutes. Capabilities Labor & Employment