California Labor Law Odyssey

View Full Report Here https://www.cabia.org/app/uploads/CAB...​ The government of California is the very embodiment of inefficiency. Systems that function THIS inefficiently need to be reset. We don't even need to go back to the beginning - just 20 years would do it. An employee with a grievance adjudicated by the Labor Board stood to gain twice as much money under the old system while an employer stood to lose only half as much. The new system of court adjudicated labor disputes is robbing from both parties to pay the lawyers. The old system wasn't broken: Time for a RESET.

When a computer is infected with a virus that corrupts the hard drive, there's no other solution than to erase the computer and start over again. That is what we have with California labor law and AB5. AB5 is the corrupted file that has killed the hard drive of California. It's time to wipe it out and start over. Kevin Kiley has a bill that will do that. Vote for it! Then ask freelancers and job creators in California what they need to thrive. Stop letting lawyer unions and labor unions (who never created any jobs) write all your legislations!

Employers who have good relationships with their employees are being targeted for lawsuits in California. Why? Because a relaxed and morally honest work environment is less likely to keep perfect records of every move that workers make. A distrustful employer keeps a tight reign on employees but a trusting employer allows lots of freedom. It's in the paperwork that the lawyers can find technical faults and build big lawsuits. If you're not a slave-driving employers who keeps meticulous records then you will be a PAGA lawsuit victim. Giving a Christmas bonus could cost you a million dollars (no exaggeration).

Employers across the country are afraid to hire freelancers from California and Karen Anderson of Freelancers Against AB5 can tell you why. There is a great deal at stake in the state of California. Corrupt politicians have an agenda to bring every job in California back to the plantation, one lawsuit at a time. Last year, these lawmakers obliterated the gig economy with one poisonous bill: AB5. Freelancers are no longer free to work on their own flexible schedule based on their own particular needs. AB5 is so confusing that even the lawyers don't know what it all means! They just know it's written vaguely enough that they can make any employer guilty in a lawsuit whenever they feel like suing. Welcome to the People's Republic of California where freelance (like freedom) is an illusion.

The Private Attorneys General Act is what's making the California business climate so toxic. Employees are being encouraged by shark lawyers to sue their employers over technicalities and employers are powerless to fight back without spending a mint in legal fees. It's a racket that only the legislature can fix...but only if the people make enough noise. Join the fight!

When regulations have the weight of law, you - the business owner - are guilty unless you prove you're innocent. AB-5 is the latest installment of tyranny because (except for those groups who paid huge piles of money to be exempted) everyone who wants to hire or be hired for any job in California must now classify themselves as either an employer or employee. That means if you want to hire an interpreter or performer or musician for a short gig, you now have to form a business and hire him as a full blown employee with all the paperwork and benefits demanded under the Labor Code. This enables him to sue you for any infraction of the labor code if he is so inclined. PAGA enriches the state and the trial lawyers under the pretext of justice for the little guy. AB-5 was designed to obliterate the little guy's right to work for other little guys. Thanks to narrow-minded legislators, it just got a LOT harder and a LOT more expensive to work in California for anyone other than a large corporation.

PAGA law is shark bait. Kingsley is the #2 shark in Los Angeles who uses the PAGA law to defraud small businesses out of millions of dollars "legally" through attorney's fees. The state of CA receives a cut of any settlement only after the lawyer takes his. The hapless plaintiff only receives a few hundred dollars at most. These small business owners picketed outside his office in Sherman Oaks in December 2018 and confronted him on his abuses. Kingsley & Kingsley has filed over 600 PAGA lawsuits. PAGA is shark bait!

This rally at Orange County's Old Courthouse marked the filing of CABIA's lawsuit against the State of California. Key argument: separation of powers and equal protection are being violated by the PAGA law. Medium and small businesses of California are being destroyed by the thousands with unfair accusations that cannot be defended against without going into debt. The lawsuit process is itself punitive because there is no presumption of innocence. PAGA harms honest employers and employees but rewards those who are willing to game the system.