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Sue-Your-Boss Bill Becomes Law

In the frenzy of last-minute bill signing this month, Gov. Gray Davis quietly added his signature to SB 796 with little fanfare.

There was no signing ceremony, not even a signing message accompanying the enactment of the employment legislation.

Business leaders, however, lambaste the new law, which allows workers to sue their employers over wage and labor code violations. They argue it could have far-reaching financial consequences to employers across the state and be more costly than the landmark employee health bill, SB 2, signed by the governor earlier this month. . . .

[O]pponents contend Davis signed the bill after the recall election as a payback to labor. Davis officials did not return telephone calls for comment.

Calling it bounty-hunting legislation, critics say SB 796 could spark a wave of costly and abusive lawsuits.

The legislation would allow a worker to sue on behalf of other employees for wage and labor code violations. Moreover, it permits a judge to force employers to pay attorney's fees and penalties.

Overlawyered.com (from whom I stole this) notes that "A minor one-year Labor Code violation at [a] business employing 3,000 workers will generate civil penalties totaling more than $31 million". The Sacramento Bee reports it here.

Comments (< $MTEntryCommentCount$>)

Lisa Salazar:

I have been working as a waitress for the past 10 months receiving $20 a day for six hours of work plus tips. If I wanted to sue my boss, how would I go about doing so and is it possible?

Erin Bailey:

I work at the University Hospital. I'm entitled to 2-15 minute breaks each day. I have yet to get a break. Can I sue for unpaid breaks?

Sarah Gruber:

My Boss has been altering my time punches for 5 months so she doesn't have to pay me overtime hours. I found the IDOL claim sheet, but can I came a claim if I can only estimate how much she owes me?

Dave:

I have work at my job for 12 years in those 12 years I have clocked in for 9 hours a day but only get paid for 8. Also I have never been given a pay stub unless I ask for 1 then I only get one for the pay check requested. Is there anything I can do about this?

Dave

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This page contains a single entry from the blog posted on October 20, 2003 7:00 PM.

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