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Pushing to change burdensome labor laws in California.

 
  The new 2017 California Labor Laws Digest comes with 10 new pages that add 122 new labor laws. Ridiculous PAGA (No Harm) Pay Stub Violations could cost your company. Workers' Compensation fraud is out of control  
         
 
  (CABIA California Business & Industrial Alliance - Home > OUR AGENDA

 
 

PAGA / LABOR LAW

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Our organization, the California Business & Industrial Alliance, has made more progress on PAGA reform in the last year than organizations many times our size have made in the last decade.

We're executing a strategy to reform PAGA this year, before Gov. Brown leaves office—and we have more than a fighting chance at getting it done.

The Labor Code Private Attorneys General Act (PAGA) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations.

Your employees and their would-be attorneys were given a tremendous power by the State of California in 2004, although it took them and the rest of the legal community a little while to figure out this awesome gift. The law, titled the Private Attorney General Act of 2004 (“PAGA”), gives employees in California the right to bring a lawsuit against their employers for any violation of the California Labor Code. In short, it allows employees to step into the shoes of an enforcement agency like the Division of Labor Standards Enforcement and recover civil penalties on behalf of the California Labor Workforce Development Agency (“LWDA”) for aggrieved employees and their coworkers.

workers' Compensation

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We will support Workers Compensation Reform as we in California have the highest rates in the country and the most litigated rates.

California has a no-fault system, which means that injured employees need not prove the injury was someone else’s fault in order to receive workers’ compensation benefits for an on-the-job injury.

The definition of (CT) Cumulative Traumas are injuries that arise from repetitive stress, motion, or exposures rather than from a specific accident, that result in disability or the need for medical treatment.

  • (WCIRB) the California Workers Compensation Insurance Rating Bureau reported that CT cases have more than doubled over the decade
  • The Los Angeles Basin accounted for 56% of all CT Claims in the entire State of California
  • More than 90% of all CT Claims involved attorneys
  • Most CT claim are reported after the employee terminates his/her employment 
  • The average cost of a CT Claim cost is 53% higher than a non-CT claim due to attorney involvement. California has one of the lowest burden of proof for CT Claims requiring only 1%, yes 1% causation
  • Allocated Loss Adjustment Expense (ALAE) are costs associated with defense of a claim. They include both plaintiff attorney fees and defense attorney fees. They also include sub-rosa investigation costs and all other costs that must be directly charged to the claim. These costs directly affect the cost of a claim and your experience mod. California has the highest ALAE expense ratio in the nation, more than double the median average
  • Lower Claim frequencies are found in Silicon Valley, 26% less, so again the computer giants are paying less than anyone else in the state