AB 2016: Labor Code Private Attorneys General Act of 2004: civil actions.

(1)The Labor Code Private Attorneys General Act of 2004 (act) authorizes an aggrieved employee who complies with specified notice and filing requirements to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency (agency). The act requires that the aggrieved employee or representative give written notice, as provided, to the agency and the employer of the specific provisions of the Labor Code alleged to have been violated, including the facts and theories to support the alleged violation.

This bill would instead require the notice to include a statement setting forth the relevant facts, legal contentions, and authorities supporting each alleged violation and an estimate of the number of current and former employees against whom the alleged violation or violations were committed and on whose behalf relief is sought. If the aggrieved employee or representative seeks relief on behalf of 10 or more employees, the bill would require that the notice be verified in a manner prescribed by other law and that a copy of the proposed complaint be attached to the notice.

By requiring the notice to be verified as provided, thereby expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.

(2)The act provides an employer a right to cure violations under its provisions before the aggrieved employee may bring a civil action. The act excludes from the right to cure various specified violations and other specified health and safety violations. The act requires the employer to cure a violation within 33 calendar days of the postmark date of the notice sent by the aggrieved employee or representative.

This bill would instead exclude only the health and safety violations from the right to cure provisions. The bill would also extend the period of time in which the employer may cure the violation from 33 to 65 calendar days.

(3)The act provides that an employee who prevails in an action under its provisions is entitled to recover his or her filing fees and reasonable attorneys fees and costs. Existing law provides that civil penalties may be assessed against the employer, as provided.

This bill would provide that an aggrieved employee may be awarded civil penalties based only upon a violation by the employer actually suffered by that employee.

(4)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.