The executive committee of Californians for Fair Pay and Accountability is well on its way to getting its Private Attorneys General Act (PAGA) initiative qualified for the 2022 ballot, according to the California Chamber of Commerce president.
The campaign reported reaching 25% of the 623,000 signatures required to become eligible to participate in the November election.
“The deadline is in May,” said Jennifer Barrera, president and CEO of the California Chamber of Commerce. “We've been out on the street since the end of December. It’s always a condensed timeframe in which to get the signatures for any initiative but I think we have sufficient time in which to get it done.”
If approved by voters, the ballot initiative would double all penalties for businesses willfully violating wage and hour laws with workers receiving 100 percent of the penalties rather than having to divide the money between the state and the worker.
“Employers will have a more efficient process in which to have these claims resolved and neither side will have to pay out attorneys’ fees in order to have the claims resolved,” Barrera told the Southern California Record. “It basically takes attorneys out of the equation and allows a more effective process for both the employees and the employers.”
The California Chamber of Commerce is part of a coalition of employer groups that is helping to fund the signature-gathering process. Other groups include the California New Car Dealers, the California Restaurant Association and the Western Growers Association.
“The fact that we've been able to gather this many signatures is an indication that there is support out there for this initiative and that people are sensitive to employees being able to have an efficient process in which to have their claims resolved,” Barrera said. “People are also sensitive to the fact that the delays in civil litigation and attorneys taking a significant part of that recovery. Those are all messages that resonate with the voters and resonate with those who are signing the petition.”
PAGA was enacted in 2004 and allows employees to file lawsuits seeking civil penalties on behalf of themselves, other employees, and the State of California for labor code violations.
“We've yet to see if there is going to be any opposition from any other groups out there but ballot initiatives are always about having to counter whatever messages are out there from any opposition,” Barrera added. “We've yet to see anything like that but those are going to be the obstacles if and when there is opposition to it.”