Bills

AB 281: Labor Code Private Attorneys General Act of 2004: right to cure.

  • Session Year: 2017-2018
  • House: Assembly
  • Latest Version Date: 2017-04-26
Version:

The Labor Code Private Attorneys General Act of 2004 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). Existing law provides that an employee who prevails in an action under these 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. Agency. The act provides an employer a right to cure violations under the act, except for certain specified violations, including health and safety violations, before the aggrieved employee may bring a civil action. The act requires that the employer cure a violation within 33 calendar days of the postmark date of the notice sent by the aggrieved employee or representative.

The 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.The Labor Code Private Attorneys General Act of 2004 provides an employer a right to cure violations under the act before the aggrieved employee may bring a civil action. The act excludes from the right to cure provisions, 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.

Authors shown for version:
Amended Assembly (4/26/2017)

Bill Author