Improving Work Law Enforcement in States: California’s Private Attorneys General Act

Source: Charlotte Garden, OnLabor blog, July 19, 2017

To the extent there was ever doubt on this point, it is now clear that the Trump Administration will not prioritize robust enforcement of employment law mandates. One key example: the Department of Justice’s decision not to support the NLRB’s individual arbitration rule before the Supreme Court. (The NLRB will represent itself before the Supreme Court, and DOJ will likely participate as amicus in support of the employer.) This rule – which OnLabor has covered extensively – protects employees’ ability to aggregate claims, including claims that would be too small to pursue on an individual basis. But given the uncertain fate of the NLRB’s individual arbitration rule, is there anything that states can do to improve enforcement of workers’ rights? This post explores one state innovation: California’s Private Attorneys General Act (PAGA)….