Pascal Benyamini Quoted by Law360 on California Employee Civil Action Law Initiative

In “PAGA Repeal Bill On Nov. Ballot May Upend Calif. Labor Law,” Law360 spoke to labor and employment partner Pascal Benyamini about the California Employee Civil Action Law Initiative — a bill that, if passed, would replace the state’s Private Attorneys General Act (PAGA).

Benyamini expressed concerns regarding plaintiffs’ counsel attorney fees and said that in light of those concerns, he believes the bill has a good chance of passing.

The publication explained that although the new law would eliminate employees’ ability to file lawsuits on behalf of California, it would prevent plaintiffs’ attorneys and the state from making a significant amount of money off of PAGA litigation while workers obtain relatively small recoveries. “I do think it’s about time [for the change], to be frank,” Benyamini added.

Benyamini further noted that by including a requirement that the labor violation be willful, the new law would incentivize California to go after clear labor law violations, and it would likely eliminate “gotcha-type” PAGA lawsuits over what he characterized as “technicalities” — or errors — in paystubs.

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