AB 2464

Bill Subjects

Abstract

The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties, that would otherwise be assessed and collected by the Labor and Workforce Development Agency, on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act authorizes a court to exercise the same discretion to assess a civil penalty as the agency, subject to the same limitations and conditions. The act also authorizes a court, in any action by an aggrieved employee seeking recovery of a civil penalty, to award a lesser amount than the maximum civil penalty amount specified by the act if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. This bill would authorize a court to dismiss an action as to an aggrieved employee seeking recovery of a civil penalty, if, after notice and hearing, the court finds that the aggrieved employee suffered no appreciable physical or economic harm.