SB 330

Bill Subjects

Abstract

Existing law, the Labor Code Private Attorneys General Act of 2004, permits an aggrieved employee, on behalf of themselves and other current or former employees, to bring a civil action pursuant to specified procedures for a violation of a provision of the Labor Code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency. Existing law imposes specified filing requirements on the aggrieved employee or representative in order to bring the action, including providing notice to the agency and the employer with the specific provisions of the Labor Code alleged to have been violated, and the facts and theories that support the alleged violations. Existing law provides an employer, for certain of those violations, a right to cure the violation within 33 days, as specified. For alleged violations of specified provisions of the Labor Code relating to safety in employment, existing law requires the Division of Occupational Safety and Health to investigate the allegations in the notice. This bill would require the notice, for alleged violations of the Labor Code other than those specified provisions relating to safety in employment, to instead include a statement setting forth the relevant facts, legal authorities, and authorities supporting each alleged violation. For those alleged violations that provide an employer a right to cure, the bill would require the notice to inform the employer of their right to cure the violation. The bill would also require the notice to include an estimate of the number of employees on whose behalf relief is being sought. The bill would require the aggrieved employee or representative, if that number of employees is 10 or more, to verify the notice under penalty of perjury, as specified. By expanding the crime of perjury, this bill would impose a state-mandated local program. The bill would make a conforming change. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.