New Law Will Prevent Unionized Custodians From Suing Their Employers
November 2, 2021
Certain unionized custodial employees will be exempt from suing their employers under a new California law that goes into effect January 1, 2022, JD Supra reports.
The law states that custodians covered by a valid collective bargaining agreement (CBA) will no longer be allowed to bring civil actions under the Private Attorneys General Act of 2004 (PAGA) if their CBA provides for:
- Wages, hours of work, and working conditions of employees
- Premium wage rates for all overtime hours worked
- Grievance and binding arbitration procedures that authorizes the arbitrator to award otherwise available remedies for Labor Code violations
- Authorization of the labor union to pursue a grievance on behalf of employees.
In drafting the new law, SB 646, legislators acknowledge that PAGA is a costly and time-intensive process. The goal of the law is to incentivize collective bargaining and mandatory arbitration instead of enforcement by the courts.
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