PASADENA - Small immigrant and minority-owned businesses have been the target of Private Attorneys General Act (PAGA) lawsuits in the Pasadena area, according to Paul Little, president of the Pasadena Chamber of Commerce.
The controversial PAGA law authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for state labor code violations. It has seen its fair share of opposition throughout the state as both experts and officials alike are calling for reform.
“To me, the simplest solution is to allow a period, 90 days in most cases would be adequate, to correct any violations and adhere to the law before someone is allowed to sue for damages related to either workplace rules or Americans with Disabilities Act regulations,” Little said.
“Reputable businesses do not intentionally violate the law, nor do they cheat their employees or knowingly place employees in situations that could be harmful. Likewise, no one wants to create obstacles to customers getting through their door or easily accessing their products or services."
Like other business advocates around the state, Little believes that businesses – especially small ones – shouldn’t be immediately considered dishonest and guilty of the infractions that they are being accused of because that usually isn’t the case and that most businesses want to adhere to the rules and regulations when given the chance.
“As it relates to ADA lawsuits, an honest business would appreciate the opportunity to fix any deficiencies related to accessibility or legal accommodations for those who may have barriers to access," Little said. "Giving a reasonable time period to cure any deficiencies meets the intent of the law by removing any barriers a disabled person may encounter.”
He also said that ideally he would like to see sanctions written into legislation penalizing individuals and the attorneys who prey on small businesses with these frivolous lawsuits.