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 BNA Daily Labor Report, in “Challenge to California’s Unique Worker Law Passes First Test,” by Robert Iafolla. (Read the full version – subscription required.)

Following is an excerpt:

A business group’s constitutional challenge to California’s law that deputizes workers to sue on the state’s behalf cleared its first major hurdle. Now the question is how many of the group’s allegations can proceed.

California Business & Industrial Alliance has standing to sue on behalf if its members and can move forward with its claims that the Private Attorneys General Act violates its equal protection rights under the state and federal constitution, Orange County Superior Court Judge Peter J. Wilson ruled last week.

Wilson wants to hear more from the alliance and the state on whether PAGA tramples employers’ due process rights and imposes unconstitutionally excessive fines. The judge also gave CABIA another shot at pleading its claim that the law violates the separation of powers. …

CABIA and other critics of the law, however, say plaintiffs’ lawyers use the law to extort employers in California with the threat of massive fines and costly litigation.

“We are very pleased that the court is allowing the case to proceed,” said the alliance’s attorney, Paul DeCamp of Epstein Becker & Green. “We look forward to making the remainder of our arguments at the next hearing.”

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