Existing law, the Labor Code Private Attorneys General Act of 2004 (PAGA) , authorizes an aggrieved employee, as defined, to bring a civil action, on behalf of that employee and other current or former employees, to enforce a violation of any provision of the Labor Code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees pursuant to certain notice and cure provisions, as prescribed. This bill would, among other things, instead authorize an aggrieved employee to bring a civil action as described above on behalf of the employee and other current or former employees against whom a violation of the same provision was committed. With respect to a violation by a person of a provision that does not provide for a civil penalty, PAGA makes that person liable for a civil penalty of $500 if, at the time of the alleged violation, the person does not employ one or more employees. If, at the time of the alleged violation, the person employed one or more employees, PAGA makes that person liable for a civil penalty of $100 for each aggrieved employee per pay period for the initial violation and $200 for each aggrieved employee per pay period for each subsequent violation. PAGA requires 75% of civil penalties recovered by aggrieved employees to be distributed to the Labor and Workforce Development Agency for enforcement of labor laws, including the administration of PAGA, and for education of employers and employees about their rights and responsibilities under the Labor Code, as specified, and requires 25% of civil penalties recovered by aggrieved employees to be distributed to the aggrieved employees, except as prescribed. This bill would instead, if, at the time of the alleged violation, the person employed one or more employees, make that person liable for a civil penalty of $100 for each aggrieved employee per pay period, except if certain mitigating factors apply, including that the alleged violation resulted from an isolated, nonrecurring event that did not extend beyond the lesser of 30 consecutive days or 4 consecutive pay periods, in which case the bill would make the civil penalty $25 or $50, except as provided. The bill would, subject to an exception, also reduce the civil penalties prescribed by PAGA by 15% or 30%, as specified, if a person accused of a violation has taken all reasonable steps to comply with the provisions alleged to have been violated in the required notice provided by the aggrieved employee, as prescribed. This bill would apply its provisions to a civil action brought on or after June 19, 2024, except as specified. This bill would become operative only if SB 92 of the 2023–24 Regular Session is enacted and takes effect on or before January 1, 2025. This bill would declare that it is to take effect immediately as an urgency statute.
Asm. Marc Berman
Sponsored bills
Maddy summaryThis House Resolution commemorates the 248th anniversary of the signing of the Declaration of Independence on July 4, 1776. The text recounts the historical events leading to American independence, including the adoption of the Lee resolution and the drafting of the Declaration by the Committee of Five. It highlights the document's declaration of the United States as a new nation founded on the principle that all people are created equal with unalienable rights. The resolution serves as a formal acknowledgment of these historical milestones and the enduring significance of the Declaration's ideals.
Maddy summaryThis House Resolution aims to raise awareness about the dangers of opioid abuse and promote the use of non-opioid treatments for pain. It directly addresses the California Health and Human Services Agency, the State Department of Health Care Services, and other state entities by requesting they prioritize education on these issues. The bill encourages healthcare providers to consider non-opioid alternatives that are as effective as prescription drugs but carry lower risks of addiction and overdose. By focusing on public and provider awareness, the resolution seeks to support safer pain management practices across the state.
Assembly Constitutional Amendment No. 1 of the 2023–24 Regular Session (ACA 1) would, if adopted by the people, amend Section 4 of Article XIIIA, Section 2 of Article XIIIC, and Section 3 of Article XIIID of, and would add Section 2.5 of Article XIIIC to, the California Constitution, relative to local finance. Under these provisions, ACA 1 would condition the imposition, extension, or increase of a sales and use tax or transactions and use tax imposed in accordance with specified law or a parcel tax by a local government for the purposes of funding the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including downpayment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, on the proposition proposing that tax being approved by a majority vote of the membership of the governing board of the local government and by 55% of its voters voting on the proposition and the proposition includes specified accountability requirements. ACA 1 would also make conforming changes. This measure would remove the above-described provisions of ACA 1 relating to special taxes and make conforming changes in other provisions of ACA 1. The measure would direct the Secretary of State to make those amendments in ACA 1. ACA 1 would create an additional exception to the 1% ad valorem property tax rate limit for an ad valorem tax or special assessment to pay the interest and redemption charges on bonded indebtedness incurred by a city, county, or special district, as defined, to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including downpayment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, city and county, or special district, as applicable, voting on the proposition on or after the effective date of ACA 1 and on the proposition including specified accountability requirements. ACA 1 would provide that this exception applies to an ad valorem tax for these purposes that is submitted at the same election as ACA 1. This measure would specify that the proposition proposing bonded indebtedness for which an ad valorem tax may be imposed under ACA 1, and any measure imposing an ad valorem tax for these purposes, may be voted on at the same election as ACA 1 or at a later election held after the effective date of ACA 1. The measure would also modify the definition of affordable housing for these purposes to include housing developments, or portions of housing developments, that are affordable to individuals, families, seniors, people with disabilities, veterans, or first-time homebuyers, who are lower income households or middle-income households earning up to 150% of countywide median income, capitalized operating reserves, downpayment assistance programs, first-time homebuyer programs, permanent supportive housing, as defined, and associated facilities, if used to serve residents of affordable housing. The measure would also modify the definition of public infrastructure for these purposes to include, among other things, facilities or infrastructure for the delivery of public services, including education, police, fire protection, parks, recreation, open space, emergency medical, public health, libraries, flood protection, streets or highways, public transit, railroad, airports, and seaports. The measure would make conforming changes and direct the Secretary of State to make those amendments in ACA 1. ACA 1 would authorize the Legislature, subject to a23 vote, to enact laws establishing additional accountability measures consistent with the purposes and intent of the bonded indebtedness provisions of ACA 1. This measure would additionally authorize the Legislature, subject to a23 vote, to enact laws imposing additional conditions or restrictions on the acquisition or lease of real property for purposes described in the bonded indebtedness provisions of ACA 1. The measure would also require that any repeal of those conditions or restrictions be subject to a 23 vote. ACA 1 would require the approval of 55% of the voters of the city, county, city and county, or special district, as applicable, to incur bonded indebtedness, exceeding in any year the income and revenue provided in that year, that is in the form of general obligation bonds issued to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing projects, if the proposition proposing that bond includes specified accountability requirements. ACA 1 would specify that this 55% threshold applies to any proposition for the incurrence of indebtedness by a city, county, city and county, or special district for these purposes that is submitted at the same election as ACA 1. This measure would specify that this 55% threshold applies to any proposition for the incurrence of indebtedness by a city, county, city and county, or special district for these purposes that is submitted at the same election as ACA 1 or at a later election held after the effective date of ACA 1. The measure would direct the Secretary of State to make those amendments in ACA 1.
Maddy summaryThis bill designates October 2024 as Rett Syndrome Awareness Month in California to highlight the condition and promote public understanding. Rett syndrome is a rare genetic disorder that primarily affects females, causing significant neurological challenges such as loss of motor skills, speech, and walking ability. The resolution aims to increase awareness among medical professionals, researchers, educators, and the general public to support ongoing efforts to find a cure. It does not create new laws or funding but serves as a symbolic gesture to draw attention to the disease and the need for continued research.
Existing law creates the Santa Clara Valley Transportation Authority (VTA) with various powers and duties relative to transportation projects and services and the operation of public transit in the County of Santa Clara. Existing law vests the government of the VTA in a 12-member board of directors, appointed by the County of Santa Clara and the cities within the county, as specified. Existing law requires, to the extent possible, the county and cities to appoint individuals to the board of directors who have expertise, experience, or knowledge relative to transportation issues. Existing law establishes a term length of 2 years for a member of the board of directors. This bill would require, to the extent possible, the county and cities to appoint individuals to the board of directors who have expertise, experience, or knowledge relative to transit or transportation issues. The bill would require, to the extent consistent with applicable privacy protections, the county and cities to make public the reasons for an appointment, as specified. The bill instead would establish a term length of 4 years for a member of the board of directors. By requiring the county and cities to make public the reasons for an appointment, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This measure would celebrate the history and culture of lowriding and cruising, encourage local officials and law enforcement to work with local car clubs to conduct safe cruising events, and declare the first Sunday of summer to be observed as California Lowrider Day.
Maddy summaryThis bill designates June 18 as Willie L. Brown, Jr., Day to honor the late former Speaker of the California State Assembly. It recognizes his significant contributions to public service, including his historic role as the first African American Speaker of the Assembly and his leadership in passing key legislation on issues like housing discrimination, HIV/AIDS, and school funding. The resolution highlights his career achievements, such as mediating the 1993 Los Angeles teachers' strike and his advocacy for civil rights and education. By establishing this commemorative day, the legislature aims to celebrate his legacy and the impact of his work on California's political and social landscape.
This measure would designate the portion of State Route 9 between Lower Glen Arbor Road, at postmile SCR 8.110, to Western Avenue, at postmile SCR 11.131, in the County of Santa Cruz as the Sergeant Damon Christopher Gutzwiller Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources sufficient to cover the cost, erect those signs.
This measure would designate a specified portion of State Route 91 in the County of Orange as the Detective Terry Lee Fincher Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources to cover that cost, to erect those signs.