The introduction of Assembly Bill 2288 and Senate Bill 92 marks a significant reform in California's Private Attorneys General Act, altering the framework for PAGA actions.
With these new reforms, plaintiffs must now demonstrate personal experience with labor code violations, shifting the burden of proof significantly and tightening the criteria for filing PAGA lawsuits.
The changes to the penalty structure under the new bills aim to provide more clarity and manageability regarding PAGA claims, addressing longstanding concerns from employers.
Interestingly, while these reforms impose stricter requirements, they do allow nonprofit legal aid associations greater leeway, preserving the ability for such groups to pursue PAGA claims without these restrictions.
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