California employers have been closely watching how courts will exercise their discretion to reduce PAGA penalties in the wake of the 2024 reforms. In Taduran v. Glidewell, the Fourth District Court of Appeal confirmed that proportionality, actual harm, employer good faith, and prompt remediation remain powerful factors in limiting both PAGA penalties and attorney’s fee exposure.
Complaint
Plaintiff Abraham Taduran brought a representative PAGA action against former employer James R. Glidewell and Glidewell Dental Ceramics, Inc., alleging eight Labor Code violations. Following competing summary adjudication motions and stipulations, liability remained on four claims: (1) Wage statement violations; (2) Overtime violations based on “uptime” pay; (3) Overtime violations based on bonus pay; and (4) Rest-period violations.
Because the parties stipulated to most facts, the primary issue remaining for trial was the amount of civil penalties. Plaintiff sought approximately $55.9 million in… Read the complete article here...
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