In summary
The Private Attorneys General Act is a unique California law making it easier for employees to sue their bosses. For two decades, it’s been the subject of political and legal infighting but a pending ballot measure would decide its fate.
In 2003, just five days after California voters recalled then-Gov. Gray Davis, he signed landmark legislation making it easier for workers to sue their employers for violations of state labor law.
The Private Attorneys General Act, or PAGA, allowing employees to file suits not only for themselves but on behalf of other workers, is unique to California.
Davis’ action, an obvious payback to unions that had supported him in the recall election, ignited a political and legal struggle that will reach a climactic point in November when voters decide the fate of a business-backed ballot measure that would, in essence, repeal PAGA.
The measure’s sponsor, Californians for Fair Play and Accountability, is already running ads, contending that PAGA ill-serves employees while enriching lawyers who file class-action lawsuits.
PAGA backers – personal injury attorneys and labor unions, particularly – argue that the law is needed because the state’s labor commissioner lacks the resources to vigorously enforce workplace laws, thus allowing employers to get away with violating them.
The ballot measure duel climaxes two decades of skirmishing in the Legislature and the courts. Its advocates have, with some success, expanded the law’s reach by...
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