Michael S. Kun, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Los Angeles office, was quoted in The Daily Journal, in “Trial Lawyers Vow to Take Sotomayor’s Advice to Get PAGA Fix at Legislature, State Justices,” by Craig Anderson. (Read the full version – subscription required.)
Following is an excerpt:
“What we’re left with is not the clean, clear-cut decision everyone was expecting but one that leaves the future in question,” said Michael S. Kun, an attorney with Epstein Becker & Green PC who represents employers, in a phone interview. …
It may take years to get a clear-cut ruling from state courts, but the Legislature can act quickly, legal experts said.
Even though the majority included Alito and Justice Neil M. Gorsuch – an appointee of President Donald Trump – along with the court’s three liberals, Kun, of Epstein Becker & Green, was less optimistic that the justices would revisit the issue soon even if state courts interpret the law differently than Alito predicted.
The court’s “history of avoiding PAGA suggests it won’t happen again soon,” Kun said.
He isn’t expecting most of his corporate clients to make big adjustments in their arbitration policy. If the state Legislature passes a pro-employee fix, there may be a number of battles over whether such a law could be retroactive.
In the meantime, Kun is recommending caution.
“It would probably behoove many employers to avoid making major changes until they see how the landscape changes,” he added.
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