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Proposed Legislation Which May Expand Employee Rights in 2018

This year, over 2200 bills were proposed to the California Legislature before the February 16, 2018 deadline. Of course, as anyone familiar with the legislative process knows, many of these bills are going be dead upon arrival; however, a handful will pass and become laws, influencing the lives and livelihoods of millions of California employees. The remainder of this article will briefly discuss several of the proposed bills which hopefully will expand the scope of employee protections in California.

Assembly Bill 1870 would extend the current statute of limitations governing the timeframe in which employees and tenants may file an employment or housing discrimination claim with the Department of Fair Employment and Housing (DFEH). Currently, the statute of limitations stands at one year; AB 1870 would give employees and tenants three years to report their claim to the DFEH. The additional time to pursue a discrimination claim may enable those concerned about obtaining a new position, while pursuing a FEHA claim, to file a complaint after securing a new job and potentially even satisfying any probationary period. Furthermore, the additional time may enable an aggrieved employee time to obtain additional evidence or even the courage to proceed with a discrimination claim.

Assembly Bill 2841 would build upon influential 2014 legislation that required employers to provide up to three days of sick leave per year. AB 2841 would amend California Labor Code section 246 so as to extend the sick leave requirement to five days per year by the employee’s 200th calendar day of employment. An employer is not obligated to rollover any accrued sick pay to the following year beyond 40 hours or five days. Additionally, the five day sick leave accrual requirement will now apply to providers of in-home support services.

Assembly Bill 2069 seeks to amend the Fair Employment and Housing Act (FEHA), California Government Code section 12940, to extend discrimination protection to patients with a status as medical marijuana cardholders. Assuming that medical marijuana is prescribed to treat a known physical or mental disability and/or medical condition, the medical use of cannabis by a qualified individual is subject to reasonable accommodation. There are, however, several significant limitations to the amendment. First, an employer is not required to hire and/or precluded from terminating the employment of an individual using medical marijuana if their employment would cause the loss of monetary benefits or licensing under federal law. Furthermore, an employer is not precluded from  terminating or otherwise disciplining an employee who is determined to be impaired on the job because of the use of medical marijuana.

Have questions about your legal rights as an employee? Get in touch with Perrin Law Group today for a free consultation regarding your rights as an employee.  

California’s Private Attorney General Act, first adopted in 2004, is a uniquely empowering law for employees, as it allows them to directly defend their rights in the workplace. The law effectively deputizes private citizens; allowing them to act on behalf of the California Labor and Workforce Development Agency (LWDA) in filing civil lawsuits for Labor Code Violations. The largest shortcoming of this law is the fact that many employees are simply unaware of the rights that PAGA grants them. Furthermore, some argue the fact that the LWDA is entitled to 75 percent of penalties lessens any incentive on the part of the employee to pursue a PAGA claim.

The balance of this article will provide essential information on what can be reported through PAGA, the legal incentives for employees to report violations, and the procedure employees must follow in order to file a PAGA claim.

What Constitutes a Valid PAGA Claim?

PAGA claims can be filed on your own behalf or on behalf of your colleagues. (California Labor Code § 2699a). Filing a PAGA claim does not require you to assert that you or your peers suffered injury due to a violation, and it does not require you to assert that the violation was knowing and intentional (Lopez v. Friant & Associates[2017] 15 Cal. App. 5th 773). The mere fact that a violation occurred is sufficient. PAGA classifies violations into three distinct categories: serious labor code violations, health and safety violations, and other labor code violations.   

What Do Employees Gain by Filing a PAGA Claim?

Because employees who file PAGA claims are technically acting on behalf of the LWDA, money won from a PAGA claim is split between the employee and the LWDA. The standard award in a PAGA claim is $100 for the first pay period in which a violation occurred, and an additional $200 for each subsequent pay period in which the violation continued. Attorney fees are also recoverable by any employee who wins a PAGA suit alleging the wage and hour violations that are encompassed within such a claim. (California Labor Code § 2699g[1]).

How Can I File a PAGA Claim?

PAGA claims must be filed online, with a copy of the claim sent via certified mail to the employer. As to certain violations, you must first serve a cure notice on both your employer and the LWDA. Your employer has 33 days from the date of the cure notice and must provide written notice that the violation has been properly remedied. Assuming the 33 day cure period has expired and LWDA has not advised the claimant that it intends to pursue the violation, you may proceed to pursue a PAGA claim.

Get Help Today

PAGA claims can be both technical and very confusing to employees. It is therefore highly recommended that employees seek the advice and guidance of an experienced employment law attorney. Feel free to contact the Perrin Law Group today for your free legal consultation if you have any further questions about PAGA claims and/or any other violations of employee rights such as discrimination, harassment or retaliation.