AB 2898: Private Attorneys General Act of 2004.
- Session Year: 2015-2016
- House: Assembly
The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides procedures pertaining to specified violations that include an aggrieved employee giving written notice by online filing with the Labor and Workforce Development Agency and by certified mail to the employer of the alleged violation and the facts and theories in support thereof, the agency notifying the employer and the aggrieved employee whether it does, or does not, intend to investigate an alleged violation, and, if it does intend to investigate, the agency providing other notices, all within specified time periods. Existing law authorizes a plaintiff as a matter of right to amend an existing complaint to add a cause of action arising under the act at any time within 60 days of the specified time periods.
This bill would extend the time to add a cause of action to any time within 90 days of the specified time periods.
The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides the employer with the right to cure certain violations once in a 12-month period before the employee may bring a civil action, as specified. For other violations, the act requires the aggrieved employee to follow specified procedures before bringing an action.
Under the act, the procedures pertaining to specified violations include an aggrieved employee giving written notice to the Labor and Workforce Development Agency and the employer of the alleged violation and the facts and theories in support thereof, the agency notifying the employer and the aggrieved employee whether it does, or does not, intend to investigate an alleged violation, and, if it does intend to investigate, the agency providing other notices, all within specified time periods.
This bill would extend those time periods by requiring the agency, when it does not intend to investigate an alleged violation, to notify the employee and the employer within 45 days and by authorizing the aggrieved employee to commence a civil action 48 days after having sent notice of the alleged violation.
The bill would require the agency to send notification within 48 days if it intends to investigate an alleged violation. The bill would authorize an aggrieved employee to commence a civil action after 173 days, if after having received notice of the agencys intent to investigate, no citation is issued or no further notification is received from the agency.