California’s employee protection law could soon be gutted - The San Francisco Examiner

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California’s employee protection law could soon be gutted - The San Francisco Examiner
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The specific question the court is expected to decide by June: whether workers who have signed job contracts that bar them from suing their employer can still bring a case to court under the law.

In 2019, a claim brought by a Safeway cashier under the law resulted in a $12 million settlement as well as seating for some 30,000 cashiers,And in 2017, a group of workers for West Coast Tomato Growers brought several claims under the law, including alleged violations of meal and rest break laws, said Cynthia Rice, an attorney for workers in the case and director of litigation, advocacy, and training for California Rural Legal Assistance, which provides free civil legal services to low income...

Under a one-by-one approach, “there will always be an economic incentive to pay less, to deny rights and to rip workers off,“said Rice, with California Rural Legal Assistance. When a worker or a worker’s lawyer alerts the state that they intend to pursue civil penalties, the state labor agency generally has 30 days to review the notice and decide whether to investigate the case itself. If it doesn’t investigate, or it does investigate but it doesn’t wind up penalizing the employer, the worker can proceed to court with their claim.provides a window into how the state reviews claims brought under the law.

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