Labor Code Private Attorneys General Act of 2004: penalty cap.

The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency, on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action. The act authorizes a court, in an action by an aggrieved employee seeking recovery of a civil penalty, as specified, to award a lesser amount than the maximum civil penalty if that penalty would be unjust, arbitrary and oppressive, or confiscatory. This bill would establish a cap on that penalty of $1,000 for each aggrieved employee.