Bills have been recently approved by the California Legislature making amendments to a two-decade old law, which will allow workers to take legal action against their employers if the latter violate labour laws. Employers found guilty of labour-law violation may also be required to cough up a fine to the state.
Post amendments, the bills will reduce the fine for certain employers and force them to take measures to rectify the violations. The bills, once signed by the governor, will come into effect immediately.
One of the bills allows businesses with less than 100 employees to rectify violations and permits larger businesses to seek an early evaluation of the violation alleged. The other bill will result in lower fines for minor labour-law violations and higher fines for the major/serious ones.
The two bills will serve as an enforcement tool. Not only will there be an updation, but improved results for workers. Additionally, employer compliance with the law will be incentivised.
As per the old 2004 law, employers found to have violated California’s labor code were expected to pay a fine, a quarter of which went to workers and the remaining to the Labour and Workforce Development Agency to be used to enforce worker safety law and education. The employers were not given a chance to make amends or correct themselves. Now, post amendment, the new law will see 35 per cent of the money going to the impacted workers.
The legislation would result in the Private Attorneys General Act being reformed, which took effect in 2004.
