Tom Umberg
- Democratic
- Senator
- District 34
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, authorize, on or after October 1, 2024, an employer that employed fewer than 100 employees in total during the period covered by the required notice to, within 33 days of receipt of the notice submit to the agency a confidential proposal to cure one or more of the alleged violations and, upon completing the cure, provide a sworn notification to the employee and agency that the cure is completed, as prescribed. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would require the agency to verify whether the cure is complete within 20 days of receiving the employer's notification, as specified. This bill would also authorize an employer who employed at least 100 employees in total during the period covered by the required notice to, upon being served with a summons and complaint asserting a claim under PAGA, file a request and participate in, as prescribed, an early evaluation conference in the proceedings of the claim and a request for a stay of court proceedings before, or simultaneous with, that defendant's responsive pleading or other initial appearance in the action that includes the claim. This bill would apply its provisions to a civil action brought on or after June 19, 2024, except as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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. This bill would become operative only if AB 2288 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.
Chaptered by Secretary of State. Chapter 45, Statutes of 2024.
Approved by the Governor.
Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling.
Urgency clause adopted.
In Senate. Concurrence in Assembly amendments pending.
Enrolled and presented to the Governor at 3 p.m.
Read third time. Urgency clause adopted. Passed. Ordered to the Senate.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 0.) (June 25).
Re-referred to Com. on JUD. pursuant to Assembly Rule 96.
Joint Rule 62(a) suspended.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 4). Re-referred to Com. on APPR.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 35. Noes 1. Page 3047.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing January 16.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 2958.) (January 9). Re-referred to Com. on APPR.
Set for hearing January 9.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after February 18.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB92 | HTML |
| 01/18/23 - Introduced | |
| 01/03/24 - Amended Senate | |
| 06/21/24 - Amended Assembly | |
| 06/27/24 - Enrolled | |
| 07/01/24 - Chaptered |
| Document | Format |
|---|---|
| 01/04/24- Senate Public Safety | |
| 01/17/24- Sen. Floor Analyses | |
| 06/03/24- Assembly Public Safety | |
| 06/23/24- Assembly Judiciary | |
| 06/26/24- ASSEMBLY FLOOR ANALYSIS | |
| 06/27/24- Sen. Floor Analyses |
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