The Algorithm Will See You Now: How to Avoid Creating an Evidence Engine for PAGA Claims

MoFo partners Marjorie Soto Garcia and Andrew Turnbull wrote an article with Candice Rosevear, co-founder and managing director at Peregrine Economics, entitled "The Algorithm Will See You Now: How to Avoid Creating an Evidence Engine for PAGA Claims" for Daily Journal that discusses how employers' increasing reliance on artificial intelligence in workforce management can heighten exposure to California Private Attorneys General Act (PAGA) claims. The authors examine how AI-driven scheduling, timekeeping, productivity monitoring and compensation systems can systematically replicate wage-and-hour violations while generating discoverable evidence. They also highlight California's evolving AI regulations and recommend proactive, privileged audits, comprehensive data retention policies and stronger vendor oversight to mitigate litigation risks and ensure compliance with California labor laws.

Read the full article (subscription required).