Labor Code Private Attorneys General Act of 2004: right to cure.
If enacted, AB 281 would modify state laws concerning the handling of labor law violations and the ability of employers to address these issues proactively. The proposed changes are expected to facilitate a more forgiving environment for employers by allowing them ample time to make corrections, potentially reducing the number of civil actions taken by employees. Critics, however, may argue that this could grant employers excessive leniency, limiting the effectiveness of the penalties intended to deter labor law violations.
Assembly Bill 281, introduced by Assembly Member Salas, aims to amend the Labor Code Private Attorneys General Act of 2004 by modifying the conditions under which employers may cure labor violations. Specifically, the bill intends to revise the existing right to cure provision by extending the time limit within which employers may rectify violations from 33 to 65 calendar days. The legislation will also clarify that civil penalties awarded to employees can only be based on violations they have personally suffered, ensuring that the consequences faced by employers are directly linked to their specific infringement on an employee's rights.
Overall sentiment surrounding AB 281 appears mixed, with supporters viewing it as a positive change for business owners who are seeking to comply with labor regulations without facing immediate penalties for violations. They argue that it allows for a more constructive approach to compliance. Conversely, opponents raise concerns about the potential for reduced accountability among employers and fear that it may undermine the protections afforded to employees under existing labor laws.
The core contention surrounding AB 281 focuses on the balance between supporting businesses and protecting worker rights. Critics argue that extending the cure period and restricting penalties to only those violations suffered by employees could dilute the deterrent effect of penalties and enable ongoing violations without immediate consequences. Proponents counter that this approach fosters voluntary compliance among employers and avoids litigation, thereby benefiting both the employees who might receive timely corrections and the employers who can avoid punitive fines.