Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC office, was quoted in the Bloomberg Law Daily Labor Report, in “California Worker-Friendly Law Challenge Can Proceed, in Part,” by Erin Mulvaney. (Read the full version – subscription required.)
Following is an excerpt:
A California business group can move forward on one constitutional challenge to a worker-friendly law that allows employees to sue their employers on the state’s behalf.
The California Business & Industrial Alliance can proceed on grounds that the Private Attorneys General Act, or PAGA, violates employers’ procedural due process rights, Judge Peter Wilson of the Orange County Superior Court ruled June 6 from the bench. …
The alliance’s attorney, Paul DeCamp, told Bloomberg Law that PAGA often forces employers to accept large settlements and violates due process. DeCamp will also file an amended complaint on the equal protection claims. The judge previously cleared the alliance to update these claims, which argue that a PAGA exemption for construction industry employers is unconstitutional. Wilson said carving out that industry could still potentially survive the equal protection challenge.
“It’s un-American for any party to run this kind of extreme gauntlet,” said DeCamp, who’s with Epstein Becker Green. “It prevents employers from going to trial and vindicating.”