SACRAMENTO – Today, AB 2288 by Assemblymember Ash Kalra (D-San José), relating to the Private Attorneys General Act (PAGA), passed the Assembly Floor on a 44-21 vote. AB 2288 builds upon PAGA’s success as a vital tool to enforce workers’ rights and will strengthen worker protection by allowing injunctive relief.
“Limited public enforcement resources and forced arbitration have severely limited workers’ options to seek recourse, making remedies like injunctive relief needed to strengthen PAGA’s effectiveness,” said Assemblymember Kalra. “While business interests attempt to undermine PAGA and evade accountability, AB 2288 will help ensure workers have access to justice by allowing courts to order employers remedy violations.”
Under the current PAGA statute, while an aggrieved employee may win their case and the employer is fined, existing law does not ensure that the worker will not have to face the same violation they sued over again. Injunctive relief in PAGA claims will allow courts to order employers to quickly correct and remediate violations that have occurred in the workplace in a manner that benefits all employees. For example, if an employer fails to provide workers with paid sick days, the court could order injunctive relief that would require the employer to establish a lawful paid sick days policy.
In the case of Doe v Google, injunctive relief could have expedited the process by allowing a court to direct Google to change policies. Due to forced arbitration agreements, employees were not allowed to file a class action for injunctive relief and could only seek PAGA penalties. After seven years of litigation, the case settled with Google agreeing to change practices. Allowing courts to use injunctive relief under PAGA can facilitate quicker resolution and meaningful workplace changes for workers.
“Workers in California face a labor law enforcement crisis. With state agencies already underfunded and additional cuts looming, it’s essential that we strengthen tools for workers to hold abusive corporations accountable,” said Lorena Gonzalez, principal officer of the California Labor Federation. “Injunctive relief simply allows workers to get bad employers to stop illegal practices, instead of having to settle for a payout that doesn’t fix the problem. AB 2288 is the first PAGA reform in 20 years and it will empower workers to end wage theft and misclassification.”
“AB 2288 gives workers a stronger hand when it comes to seeking justice for wage theft and other employer wrongdoing; not only will whistleblowers be able to seek financial damages for affected workers but also meaningfully reform their workplaces to prevent more exploitation,” said Kathryn Stebner, President, Consumer Attorneys of California (CAOC). “As advocates for workers who’ve been cheated and hurt, CAOC applauds Assemblymember Kalra’s leadership and thanks the members of the Assembly who stood with workers today to move this bill forward.”
“We applaud Assembly Member Kalra and his colleagues in the Assembly for advancing AB 2288, which will provide courts with greater tools to address and remedy labor violations under PAGA,” said Mariko Yoshihara, Legislative Counsel and Policy Director for the California Employment Lawyers Association. “By giving workers the ability to seek injunctive relief under PAGA, courts can compel employers to change their bad behavior and make workers whole.”
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Assemblymember Ash Kalra represents California’s 25th Assembly District, which encompasses the majority of San José, including downtown and open space areas in southeast Santa Clara County. He was first elected in 2016, becoming the first Indian American to serve in the California Legislature in state history, and was re-elected to his fourth term in 2022. Assemblymember Kalra is the Chair of the Committee on Judiciary and also serves as a member on the Housing and Community Development, Local Government, and Natural Resources committees.