By Guest commentary Friday, August 30th, 2024

By Danielle Borja & Nancy Lindholm

In a state legislature that rarely delivers good news for employers, businesses throughout Ventura County can celebrate the historic agreement between business groups and labor advocates that brings meaningful reform to California’s Private Attorneys General Act (PAGA). 

This agreement took the form of two bills (SB 92 and AB 2288), passed by the Legislature and was recently signed by Governor Newsom. 

These PAGA reforms ensure workers retain a strong tool to resolve labor claims and receive fair compensation while limiting frivolous lawsuits that often target small businesses, nonprofits and all employers to the tune of billions of dollars annually. 

For many years, when an employer was served with a PAGA lawsuit (often shakedown claims), they were left with limited options — pay the demand of the lawyer or retain counsel and pay for costly litigation to defend against the claims. 

No matter how meritless, businesses hit with a PAGA suit were in a no-win situation.  

We have heard about small business owners who liken PAGA lawsuits to being extorted. 

With mounting legal fees, they have to make difficult decisions just to keep the doors open. Others rethink plans for expansion in California. 

There are also nonprofits facing PAGA lawsuits that are forced to pay attorney’s fees using government funds earmarked for operation costs. 

And when lawsuits are settled after years of costly litigation, thousands — if not hundreds of thousands — of dollars of the settlement goes to attorneys while the amount each worker receives barely covers the cost of a meal. 

This system was broken. 

Attorneys took advantage of a law intended to help workers and twisted its purpose to their benefit. 

SB 92 and AB 2288 bring necessary changes to how claims are processed so that businesses no longer risk significant financial harm for honest mistakes and reform the penalty structure to ensure workers receive fair compensation for hardships when they do occur.

Previously, an employee could file a claim against an employer without themselves personally experiencing the alleged violations. 

Under these new laws, now an employee has to personally experience the violations brought in a claim and the violations must have occurred in the past year. 

Additionally, caps have been put in place for employers who proactively take reasonable steps to comply with California’s complex Labor Code and penalties have been reduced for violations that do not cause confusion or economic harm to an employee. 

This will help address the frivolous lawsuits we saw for simple clerical errors on a paystub that did not harm an employee or delay receiving their paycheck, but under the previous iteration of PAGA, left employers writing large settlement checks.

This also rewards employers who are trying to do the right thing by giving them an incentive to correct honest mistakes. 

Running a business in California is a challenge. 

There are complex codes to navigate, new laws every January to abide by and legal vulnerabilities that can flatline a business owner. 

These bills are a much-needed win for California businesses and will make operating in the state a bit more manageable. 

The Greater Conejo Valley Chamber of Commerce and the West Ventura County Business Alliance were proud to support this comprehensive reform package that was achieved after months of negotiations between business groups, led by CalChamber, and labor advocates. 

We see this as a real win for our local business community, including owners and workers, and is a testament to what can be accomplished through good-faith policymaking. 

• Danielle Borja is the president and CEO of the Greater Conejo Valley Chamber of Commerce.

• Nancy Lindholm is the president and CEO of the West Ventura County Business Alliance.