The Private Attorneys General Act (PAGA) is a vital piece of legislation for workers’ rights. In 2024, it was significantly overhauled. Workers will benefit from understanding these changes.
The California Labor Code reforms are significant for both plaintiffs and employment lawyers handling employment disputes. Everyone deserves a fair chance to succeed in their chosen profession. As thought leaders in the field, our team of Los Angeles employment lawyers are here to answer your questions.
A Timeline of Events
The State of California significantly overhauled PAGA with the recent enactment of Assembly Bill 2288 and Senate Bill 92. On July 1, 2024, Governor Gavin Newsom signed legislation to reform PAGA, following efforts he led to successfully reach an agreement between business and labor groups.
With the enactment of these reforms, a ballot initiative to repeal PAGA was withdrawn from California’s November 2024 ballot. These reforms have broad implications for labor law and employment class actions involving workplace violations, including wrongful termination, employment discrimination, and sexual misconduct.
On June 21, 2024, Assembly Bill (“AB”) 2288 and Senate Bill (“SB”) 92 were introduced in the California Legislature, with the support of the Governor’s office and multiple stakeholders, including the proponents of the ballot initiative.
On June 27, 2024, these measures were passed by the CA Legislature and sent to Governor Newsom, who vowed to sign them into law, which will officially enact the reforms and remove from the November ballot the initiative to repeal PAGA.
What’s Good for Plaintiffs in the PAGA Reform?
The changes made to PAGA carry several benefits for plaintiffs seeking justice related to workplace violations.
Expansion of Penalties Against Employers Acting in “Bad Faith”
The legislation potentially increases the penalty on an employer who is found to have violated the LC provisions in a malicious, fraudulent, or oppressive manner. In that case, the penalty is $200 for each violation, including initial violations.
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