The Private Attorneys General Act is a California law that allows employees to sue their employers for labor law violations on behalf of the state. Although the initial intentions of the statute were good, in practice the policy has unfolded into a nightmare for businesses and does little to help workers.
Uber argued that PAGA is unconstitutional because it allows employees to bring civil actions on behalf of the state for labor law violations. Uber contends that PAGA violates the separation of powers by allowing private citizens to enforce state law, and that it also violates the right to a jury trial by allowing employees to bring PAGA claims in court. The California Supreme Court is expected to reach a decision on August 7.
One of the biggest problems with PAGA is that it allows employees to file lawsuits for even minor violations of labor law. This has led to a flood of lawsuits, many of which are as innocent as typos on a paystub.
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