Measure aims to repeal California’s unique employee lawsuit law

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 persuading the Legislature to enact a raft of new workplace laws that could be enforced.

The most far-reaching is the 2019 law that codified a state Supreme Court decision and tightly limited employers’ use of independent contractors, thereby converting hundreds of thousands of Californians into payroll employees. The U.S. Department of Labor recently adopted similar regulations.

Other labor law expansions passed by Gov. Gavin Newsom have included a measure protecting employees that refuse to work if they believe conditions are unsafe, and another requiring employers to disclose wage scales.

While the two sides were clashing in the Legislature, they were also fighting over the issue in federal and state courts.

In 2021, the U.S. Supreme Court handed employers a partial victory by declaring that workers who signed arbitration agreements could not later file PAGA suits. A delivery driver’s PAGA suit against his employer, alleging that he was unlawfully denied reimbursement for expenses, is pending in the California Supreme Court.

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