“Captive audience” meetings and PAGA reform
The 2024 legislative session brought some important employment law changes — employees cannot be punished for refusing to attend or participate in certain meetings and some long-awaited PAGA reforms were implemented.
California Enacts Long-Awaited PAGA Reform: What’s in SB 92
SB92 amends Labor Code Section 2699.5, as well as amends, repeals, and adds Section 2699.3 of the Labor Code. Section 2 of the bill adds Section 2699.3 to the Labor Code effective October 1, 2024. It contains the following changes in one of the PAGA statutes: A civil action by an aggrieved employee can commence only after the following requirements are met: (1) The aggrieved employee or representative gives written notice by online filing with the Labor and Workforce Development Agency and by certified mail to the employer of the specific provisions of the Labor Code alleged to have been violated, including the facts and theories to support the alleged violation. (2) A notice filed with the Labor and Workforce Development Agency and any employer response to that notice must be accompanied by a filing fee $75, which is paid to the LWD Fund and used for specified purposes.
California Enacts Long-Awaited PAGA Reform: What’s in AB 2288
AB2288 amends Section 2699 of the Labor Code, and took effect June 19, 2024. Section 1 of the bill contains the following changes in one of the PAGA statutes: A civil action may be brought by an aggrieved employee on behalf of the employee and other current or former employees, so long as they suffered the same violation of the Labor Code (“against whom a violation of the same provision was committed”). The definition of “aggrieved employee” was changed to require that the employee “personally suffered each of the violation alleged during the period prescribed pursuant to Code of Civil Procedure section 340.
New California Law Takes Aim at ‘Captive Audience’ Meetings for Employees
California employees will enjoy new protections against so-called “captive audience” meetings. Senate Bill 399 enacts the California Worker Freedom from Employer Intimidation Act, which becomes effective January 1, 2025, and will be codified at Labor Code section 1137.