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Employee Civil Action Law Initiative

ELIMINATES EMPLOYEES’ ABILITY TO FILE LAWSUITS FOR MONETARY PENALTIES FOR STATE LABOR-LAW VIOLATIONS

The ballot measure would repeal the Private Attorneys General Act (PAGA), which allowed employees to sue employers and collect a share of monetary penalties for state labor law violations

1921. (21-0027A1)

ELIMINATES EMPLOYEES’ ABILITY TO FILE LAWSUITS FOR MONETARY PENALTIES FOR STATE LABOR-LAW VIOLATIONS

PAC

Not publicized

Signatures reached

(est. April 2022)

75000

Proponents

Brian Maas

Topic

Labor

Type

INITIATIVE STATUTE

Circulation Deadline

06/06/22

Official Text

Petition Summary

Repeals 2004 law allowing employees to file lawsuits on behalf of themselves and other employees against employers to recover monetary penalties for certain state labor-law violations. Labor Commissioner retains authority to enforce labor laws and impose penalties. Eliminates Labor Commissioner’s authority to contract with private organizations or attorneys to assist with enforcement. Requires Legislature to provide funding of unspecified amount for Labor Commissioner enforcement. Requires Labor Commissioner to provide pre-enforcement advice; allows employers to correct identified labor-law violations without penalties. Authorizes increased penalties for willful violations.

Fiscal Impact

Likely increase in state costs to enforce labor laws that could exceed $100 million per year. Reduction in state penalty revenue used for labor law enforcement in the tens of millions of dollars annually

Regulation:

Caifornia - Private Attorneys General Act (PAGA).

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How Calif. May React To High Court's Looming PAGA Ruling

Law360

Feb. 22, 2022

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