California Assembly Bill 2288
Session 20232024
Labor Code Private Attorneys General Act of 2004.
Active
Passed Senate on Jun 27, 2024
Origin Chamber
Assembly
Type
Bill
Bill Number
2288
State
California
Session
20232024
Ortega
Principal Coauthor
Rubio
Coauthor
Motion Text
AB 2288 KALRA Concurrence - Urgency Added
Assembly Roll Call Votes
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Other
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Ortega
Yes
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Soria
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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, instead authorize an aggrieved employee to bring a civil action as described above on behalf of the employee and other current or former employees against whom a violation of the same provision was committed.
With respect to a violation by a person of a provision that does not provide for a civil penalty, PAGA makes that person liable for a civil penalty of $500 if, at the time of the alleged violation, the person does not employ one or more employees. If, at the time of the alleged violation, the person employed one or more employees, PAGA makes that person liable for a civil penalty of $100 for each aggrieved employee per pay period for the initial violation and $200 for each aggrieved employee per pay period for each subsequent violation. PAGA requires 75% of civil penalties recovered by aggrieved employees to be distributed to the Labor and Workforce Development Agency for enforcement of labor laws, including the administration of PAGA, and for education of employers and employees about their rights and responsibilities under the Labor Code, as specified, and requires 25% of civil penalties recovered by aggrieved employees to be distributed to the aggrieved employees, except as prescribed.
This bill would instead, if, at the time of the alleged violation, the person employed one or more employees, make that person liable for a civil penalty of $100 for each aggrieved employee per pay period, except if certain mitigating factors apply, including that the alleged violation resulted from an isolated, nonrecurring event that did not extend beyond the lesser of 30 consecutive days or 4 consecutive pay periods, in which case the bill would make the civil penalty $25 or $50, except as provided. The bill would, subject to an exception, also reduce the civil penalties prescribed by PAGA by 15% or 30%, as specified, if a person accused of a violation has taken all reasonable steps to comply with the provisions alleged to have been violated in the required notice provided by the aggrieved employee, as prescribed.
This bill would apply its provisions to a civil action brought on or after June 19, 2024, except as specified.
This bill would become operative only if SB 92 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.
02/08/24 - Introduced
February 8, 2024
02/28/24 - Amended Assembly
February 28, 2024
05/09/24 - Amended Assembly
May 9, 2024
06/21/24 - Amended Senate
June 21, 2024
06/27/24 - Enrolled
June 27, 2024
04/30/24- Assembly Appropriations
April 30, 2024
05/01/24- Assembly Judiciary
May 1, 2024
05/03/24- ASSEMBLY FLOOR ANALYSIS
May 3, 2024
05/09/24- ASSEMBLY FLOOR ANALYSIS
May 9, 2024
06/18/24- Senate Committee on Labor, Public Employment and Retirement
June 18, 2024
06/23/24- Senate Judiciary
June 23, 2024
06/26/24- Sen. Floor Analyses
June 26, 2024
06/26/24- Senate Appropriations
June 26, 2024
06/27/24- ASSEMBLY FLOOR ANALYSIS
June 27, 2024
Sort by most recent
06/27/2024
California State Legislature
Enrolled and presented to the Governor at 2 p.m.
06/27/2024
Assembly
Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.).
06/27/2024
Assembly
Assembly Rule 63 suspended.
06/27/2024
Assembly
Assembly Rule 77 suspended.
06/27/2024
Assembly
In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 29 pursuant to Assembly Rule 77.
06/27/2024
Senate
Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
06/26/2024
Senate
Read second time. Ordered to third reading.
06/26/2024
Senate
From committee: Do pass. (Ayes 7. Noes 0.) (June 26).
06/26/2024
Senate
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 25). Re-referred to Com. on APPR.
06/24/2024
Senate
Joint Rule 62(a) suspended. (Ayes 30. Noes 6.)
06/21/2024
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
06/20/2024
Senate
In committee: Hearing postponed by committee.
06/19/2024
Senate
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 19). Re-referred to Com. on JUD.
05/29/2024
Senate
In committee: Set, first hearing. Hearing canceled at the request of author.
05/22/2024
Senate
Referred to Coms. on L., P.E. & R. and JUD.
05/13/2024
Senate
In Senate. Read first time. To Com. on RLS. for assignment.
05/13/2024
Assembly
Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 21.)
05/09/2024
Assembly
Read third time and amended. Ordered to third reading.
05/02/2024
Assembly
Read second time. Ordered to third reading.
05/01/2024
Assembly
From committee: Do pass. (Ayes 10. Noes 3.) (May 1).
04/23/2024
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 23). Re-referred to Com. on APPR.
04/23/2024
Assembly
Coauthors revised.
02/29/2024
Assembly
Re-referred to Com. on JUD.
02/28/2024
Assembly
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
02/26/2024
Assembly
Referred to Com. on JUD.
02/09/2024
Assembly
From printer. May be heard in committee March 10.
02/08/2024
Assembly
Read first time. To print.
Sources
Record Created
Feb 9, 2024 12:17:45 PM
Record Updated
Jun 28, 2024 12:24:14 PM