Ash Kalra
- Democratic
- Assemblymember
- District 25
Author
Existing law, the Labor Code Private Attorneys General Act of 2004 (PAGA) , authorizes an aggrieved employee, as defined, to bring a civil action, on behalf of that employee and other current or former employees, to enforce a violation of any provision of the Labor Code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees pursuant to certain notice and cure provisions, as prescribed. This bill would, among other things, instead authorize an aggrieved employee to bring a civil action as described above on behalf of the employee and other current or former employees against whom a violation of the same provision was committed. With respect to a violation by a person of a provision that does not provide for a civil penalty, PAGA makes that person liable for a civil penalty of $500 if, at the time of the alleged violation, the person does not employ one or more employees. If, at the time of the alleged violation, the person employed one or more employees, PAGA makes that person liable for a civil penalty of $100 for each aggrieved employee per pay period for the initial violation and $200 for each aggrieved employee per pay period for each subsequent violation. PAGA requires 75% of civil penalties recovered by aggrieved employees to be distributed to the Labor and Workforce Development Agency for enforcement of labor laws, including the administration of PAGA, and for education of employers and employees about their rights and responsibilities under the Labor Code, as specified, and requires 25% of civil penalties recovered by aggrieved employees to be distributed to the aggrieved employees, except as prescribed. This bill would instead, if, at the time of the alleged violation, the person employed one or more employees, make that person liable for a civil penalty of $100 for each aggrieved employee per pay period, except if certain mitigating factors apply, including that the alleged violation resulted from an isolated, nonrecurring event that did not extend beyond the lesser of 30 consecutive days or 4 consecutive pay periods, in which case the bill would make the civil penalty $25 or $50, except as provided. The bill would, subject to an exception, also reduce the civil penalties prescribed by PAGA by 15% or 30%, as specified, if a person accused of a violation has taken all reasonable steps to comply with the provisions alleged to have been violated in the required notice provided by the aggrieved employee, as prescribed. This bill would apply its provisions to a civil action brought on or after June 19, 2024, except as specified. This bill would become operative only if SB 92 of the 2023–24 Regular Session is enacted and takes effect on or before January 1, 2025. This bill would declare that it is to take effect immediately as an urgency statute.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 44, Statutes of 2024.
Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6084.).
Assembly Rule 63 suspended.
Assembly Rule 77 suspended. (Page 2288.)
Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 29 pursuant to Assembly Rule 77.
Enrolled and presented to the Governor at 2 p.m.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 25). Re-referred to Com. on APPR.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0.) (June 26).
Joint Rule 62(a) suspended. (Ayes 30. Noes 6. Page 4666.)
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
In committee: Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 19). Re-referred to Com. on JUD.
In committee: Set, first hearing. Hearing canceled at the request of author.
Referred to Coms. on L., P.E. & R. and JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 21. Page 5193.)
Read third time and amended. Ordered to third reading. (Page 5147.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 10. Noes 3.) (May 1).
Coauthors revised.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 23). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
From printer. May be heard in committee March 10.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2288 | HTML |
| 02/08/24 - Introduced | |
| 02/28/24 - Amended Assembly | |
| 05/09/24 - Amended Assembly | |
| 06/21/24 - Amended Senate | |
| 06/27/24 - Enrolled | |
| 07/01/24 - Chaptered |
| Document | Format |
|---|---|
| 04/30/24- Assembly Appropriations | |
| 05/01/24- Assembly Judiciary | |
| 05/03/24- ASSEMBLY FLOOR ANALYSIS | |
| 05/09/24- ASSEMBLY FLOOR ANALYSIS | |
| 06/18/24- Senate Committee on Labor, Public Employment and Retirement | |
| 06/23/24- Senate Judiciary | |
| 06/26/24- Sen. Floor Analyses | |
| 06/26/24- Senate Appropriations | |
| 06/27/24- ASSEMBLY FLOOR ANALYSIS |
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