Private Attorneys General Act: penalties: reduction.

Plain English Breakdown

The bill's impact on local agencies and school districts is limited to reimbursement requirements, but it does not specify these details in the summary text.

Reduction of Penalties for Employers Under Private Attorneys General Act

This legislation modifies penalties under the Private Attorneys General Act by specifying practices that may support a finding of reasonable employer compliance and establishing a presumption of compliance if certain conditions are met.

What This Bill Does

• Specifies certain practices that can help prove an employer took all reasonable steps to comply with labor laws before receiving a notice of violation or request for records from employees.
• Establishes a rebuttable presumption that the employer complied with the law if they completed specific activities within two years, provided documentation to the Labor and Workforce Development Agency, and certified under penalty of perjury that violations were fixed.

Who It Names or Affects

• Employers who may face penalties under the Private Attorneys General Act
• Employees bringing civil actions against employers for labor code violations

Terms To Know

Private Attorneys General Act

A law that allows employees to sue their employer if there is a violation of labor laws.

Labor and Workforce Development Agency

The state agency responsible for enforcing labor laws and collecting penalties from employers who violate them.

Limits and Unknowns

• Does not specify the exact practices that support a finding of reasonable employer compliance.
• Does not provide details on how the presumption of compliance will be evaluated or challenged.

Official Summary Text

AB 1870, as amended, Flora.
San Joaquin Regional Transit District: board of directors.
Private Attorneys General Act: penalties: reduction.
The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee, as defined, to bring a civil action on behalf of that employee, and other current or former employees against whom a violation of the same provision of the Labor Code was committed, 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, as specified, pursuant to certain notice and cure provisions, as prescribed. In a civil action under the act, existing law caps the civil penalty that may be recovered at 15%, if, prior to receiving the notice of violation, or prior to receiving a certain request for records from the aggrieved employee or the employee’s counsel, the employer has taken all reasonable steps to
be in compliance with all provisions identified in the notice, as specified. Similarly, existing law caps the civil penalty at 30% if within 60 days of receiving the notice of violation, the employer has taken all reasonable steps to prospectively be in compliance with all provisions identified in the notice. The act requires an evaluation of whether the employer’s conduct was reasonable to be based on a totality of the circumstances.
This bill would specify certain practices that may support a finding that the employer took all reasonable steps. Notwithstanding the above-described totality of the circumstances evaluation requirement, the bill would create a rebuttable presumption that the employer took all reasonable steps if they comply with specified compliance activities within the 24 months preceding the alleged violation period, provide documentation to the Labor and Workforce Development Agency, and certify under penalty of perjury that the violation has been
cured, as specified. By expanding the scope of the existing crime of perjury, this bill would impose a state-mandated local program.
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.
The San Joaquin Regional Transit District Act authorizes the creation of the San Joaquin Regional Transit District and vests the government of the district in a board of 5 directors. The act establishes a 4-year term of office for each director, except for the directors first appointed to the board, as provided.
This bill would authorize a director to continue serving as a director if the director leaves the legislative body that appointed the director to the board, as specified. The bill would provide that no incompatibility of office results from an elected official serving on the governing board of a legislative body within the district’s service area and as a director.

Current Bill Text

Download Bill PDF