BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 2898|
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                                    THIRD READING


          Bill No:  AB 2898
          Author:   Roger Hernández (D)
          Amended:  8/2/16 in Senate
          Vote:     21  


           SENATE LABOR & IND. REL. COMMITTEE:  5-0, 6/29/16
           AYES:  Mendoza, Stone, Jackson, Leno, Mitchell

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  67-0, 5/27/16 (Consent) - See last page for  
            vote

           SUBJECT:   Private Attorneys General Act of 2004


          SOURCE:    Author


          DIGEST:  This bill amends the Private Attorneys General Act  
          (PAGA) by lengthening the window during which a plaintiff may  
          add a cause of legal action to an existing complaint against an  
          employer from within 60 to 90 days of the time periods specified  
          under the Act.  


          ANALYSIS: 


          Existing law:

          1)Allows, under PAGA, for a private citizen to pursue civil  
            penalties on behalf of the Labor and Workforce Development  
            Agency (LWDA) provided that they inform the LWDA of the  








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            alleged violations of the Labor Code and that the LWDA does  
            not pursue the allegations or does not issue a citation within  
            certain time periods (Labor Code §2698-2699.5).

          2)Allows aggrieved employees to seek civil penalties for  
            violations that they personally suffered and/or for violations  
            suffered by other current or former employees (Labor Code  
            §2699).


          3)Allows plaintiffs who are bringing legal action against  
            employers under PAGA to amend their complaints with additional  
            causes of action at any time within 60 days of the time  
            periods specified under the Act (Labor Code §2699.3). 

          This bill allows plaintiffs who are bringing legal action  
          against employers under PAGA to amend their complaints with  
          additional causes of action at any time within 90 days of the  
          time periods specified under the Act. 


          Comments


          The previous version of this bill served as a vehicle for  
          ongoing negotiations regarding reforms to PAGA. However, with  
          the recent passage of the 2016-2017 Budget Trailer Bill, SB 836  
          (Budget and Fiscal Review, Chapter 31, Statutes of 2016), the  
          code section that this bill previously amended was changed. As a  
          result, this bill was amended to make another technical change  
          to PAGA in order for it to continue as a vehicle.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified8/2/16)


          None received









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                                                                    Page  3




          OPPOSITION:   (Verified8/2/16)


          None received
          
          
          ASSEMBLY FLOOR:  67-0, 5/27/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bonilla, Bonta, Burke, Calderon, Campos, Chang, Chau,  
            Chávez, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Eggman,  
            Frazier, Beth Gaines, Gallagher, Cristina Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,  
            Lopez, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin,  
            Nazarian, Obernolte, Olsen, Patterson, Quirk, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Bloom, Brough, Brown, Chiu, Dodd, Eduardo  
            Garcia, Grove, Hadley, Jones-Sawyer, Low, Melendez, O'Donnell,  
            Ting

          Prepared by:Brandon Seto / L. & I.R. / (916) 651-1556
          8/3/16 19:11:11


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