California Senate Bill 92
Session 20232024
Labor Code Private Attorneys General Act of 2004.
Active
Passed Assembly on Jun 27, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
92
State
California
Session
20232024
Thomas J. Umberg
grade
Author
Principal Coauthor
Coauthor
Coauthor
Principal Coauthor
Principal Coauthor
Principal Coauthor
Coauthor
Principal Coauthor
Principal Coauthor
Coauthor
Principal Coauthor
Coauthor
Coauthor
Principal Coauthor
Coauthor
Coauthor
Principal Coauthor
Principal Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Principal Coauthor
Coauthor
Principal Coauthor
Principal Coauthor
Principal Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Principal Coauthor
Coauthor
Coauthor
Principal Coauthor
Ortega
Coauthor
Principal Coauthor
Coauthor
Principal Coauthor
Rubio
Principal Coauthor
Principal Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Principal Coauthor
Coauthor
Motion Text
Unfinished Business SB92 Umberg et al. Urgency Clause Concurrence
Senate Roll Call Votes
Yes
Yes
Dahle
Yes
Yes
Yes
Yes
Yes
Yes
Limón
Yes
Yes
Nguyen
Yes
Rubio
Yes
Yes
Summary
Existing law, the Labor Code Private Attorneys General Act of 2004 (PAGA) , authorizes an aggrieved employee, as defined, to bring a civil action, on behalf of that employee and other current or former employees, to enforce a violation of any provision of the Labor Code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees pursuant to certain notice and cure provisions, as prescribed.
This bill would, among other things, authorize, on or after October 1, 2024, an employer that employed fewer than 100 employees in total during the period covered by the required notice to, within 33 days of receipt of the notice submit to the agency a confidential proposal to cure one or more of the alleged violations and, upon completing the cure, provide a sworn notification to the employee and agency that the cure is completed, as prescribed.
By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would require the agency to verify whether the cure is complete within 20 days of receiving the employer's notification, as specified.
This bill would also authorize an employer who employed at least 100 employees in total during the period covered by the required notice to, upon being served with a summons and complaint asserting a claim under PAGA, file a request and participate in, as prescribed, an early evaluation conference in the proceedings of the claim and a request for a stay of court proceedings before, or simultaneous with, that defendant's responsive pleading or other initial appearance in the action that includes the claim.
This bill would apply its provisions to a civil action brought on or after June 19, 2024, except as specified.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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.
This bill would become operative only if AB 2288 of the 2023–24 Regular Session is enacted and takes effect on or before January 1, 2025.
This bill would declare that it is to take effect immediately as an urgency statute.
01/18/23 - Introduced
January 18, 2023
01/03/24 - Amended Senate
January 3, 2024
06/21/24 - Amended Assembly
June 21, 2024
06/27/24 - Enrolled
June 27, 2024
01/04/24- Senate Public Safety
January 4, 2024
01/17/24- Sen. Floor Analyses
January 17, 2024
06/03/24- Assembly Public Safety
June 3, 2024
06/23/24- Assembly Judiciary
June 23, 2024
06/26/24- ASSEMBLY FLOOR ANALYSIS
June 26, 2024
06/27/24- Sen. Floor Analyses
June 27, 2024
Sort by most recent
06/27/2024
California State Legislature
Enrolled and presented to the Governor at 3 p.m.
06/27/2024
Senate
Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling.
06/27/2024
Senate
Urgency clause adopted.
06/27/2024
Senate
In Senate. Concurrence in Assembly amendments pending.
06/27/2024
Assembly
Read third time. Urgency clause adopted. Passed. Ordered to the Senate.
06/26/2024
Assembly
Read second time. Ordered to third reading.
06/25/2024
Assembly
From committee: Do pass. (Ayes 11. Noes 0.) (June 25).
06/24/2024
Assembly
Joint Rule 62(a) suspended.
06/24/2024
Assembly
Re-referred to Com. on JUD. pursuant to Assembly Rule 96.
06/21/2024
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
06/04/2024
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 4). Re-referred to Com. on APPR.
04/29/2024
Assembly
Referred to Com. on PUB. S.
01/29/2024
Assembly
In Assembly. Read first time. Held at Desk.
01/29/2024
Senate
Read third time. Passed. (Ayes 35. Noes 1. Page 3047.) Ordered to the Assembly.
01/17/2024
Senate
Read second time. Ordered to third reading.
01/16/2024
Senate
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
01/10/2024
Senate
Set for hearing January 16.
01/09/2024
Senate
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 2958.) (January 9). Re-referred to Com. on APPR.
01/04/2024
Senate
Set for hearing January 9.
01/03/2024
Senate
Re-referred to Com. on PUB S.
01/03/2024
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
01/25/2023
Senate
Referred to Com. on RLS.
01/19/2023
Senate
From printer. May be acted upon on or after February 18.
01/18/2023
Senate
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sources
Record Created
Jan 19, 2023 12:02:20 PM
Record Updated
Jun 28, 2024 12:27:02 PM