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Employee Attorneys Become "Attorneys General"

Employee Attorneys Invited to be "Attorneys General"

"The Labor Code Private Attorney General's Act of 2004" is a radical addition to the panoply of employee remedies:
  • Allows you to sue employers "in the public interest" for systemic or company-wide violations of the Labor Code
  • Allows you to recover a percentage of the civil penalties that previously could only be recovered by the State
  • Allows you to sue for Labor Code violations that previously could only be prosecuted by the Department of Industrial Relations
  • Encourages you to bring a class action to recover years of damages and penalties on behalf of hundreds of employees
  • Violations typically targeted for suit:
    • Failure to pay wages in a timely manner
    • Failure to pay overtime
    • Failure to maintain proper time records
    • Failure to provide complete or accurate pay stubs
    • Failure to allow rest and meal breaks
    • Failure to comply with safety standards
  • A successful employee is entitled to recover, in addition to all other remedies, the attorney's fees and costs incurred in the suit.

What You Can Do

If you work for a large employer, and you are not being provided your rights:

  • Realize that the payroll or Human Resources Department is practicing a similar pattern of violation against many other employees
  • Educate yourself concerning your employee rights to pay, rest periods, meal time, overtime, and safety.
    • Visit the State of CA website, Department of Industrial Relations, Divisions of Labor Standards Enforcement, to learn your rights.
    • Visit the State of CA website, Division of Occupational Safety and Health, to learn your safety rights on the job.
    • Consult with employment counsel
  • Monitor the violations, and document them.
  • Calculate the number of persons who are being violated in a manner similar to you. Obtain future contact information from them.
  • Get an accurate idea of how long the illegal practices have been followed by the employer.
  • Bring your information for review by an employee rights attorney ready to act on behalf of all employees "in the public interest".

Conclusion

The "Labor Code Private Attorneys General Act" of 2004 is one of the most important legislative changes favoring employees to be enacted in decades. You the employee must recognize when your rights are being violated, and take the first step to obtain substantial remedies not just for you, but potentially for hundreds of others like you. In doing so, you will further a process of economic and legal correction that the Labor Department could not advance because of resource limitations.

Employee Rights Attorney Frank Pray

5160 Campus Drive

Newport Beach CA 92660

949.251.1006

877.job.atty


OBTAIN YOUR FREE

CASE EVALUATION

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