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‘Private Attorneys General Act’ Reform Proposal

PAGA authorizes aggrieved employees to sue their employer for certain violations

By Chris Micheli, February 11, 2021 7:17 am

On February 10, Assembly Member Vince Fong (R-Bakersfield) introduced Assembly Bill 530, which would specify additional filing requirements for PAGA lawsuits. The bill would amend Section 2699.3 of the Labor Code. Existing law, the Labor Code Private Attorneys General Act of 2004 (PAGA) allows individuals to sue their employer for certain violations of California’s Labor Code.

PAGA has several filing requirements that must be met by employees who bring civil actions against employers to recover civil penalties on behalf of the state, such as notice to the Labor and Workforce Development Agency and the employer regarding the specific Labor Code sections that were allegedly violated by the employer.

AB 530 would amend Labor Code Section 2699.3 to require notices by employers to include a statement informing the employer which specific violations of the Labor Code are being brought under PAGA. In addition, the notice must also inform the employer of their right to cure specific violations within 33 days.

The bill is expected to get its first policy committee hearing in late March.

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