GOV. SCHWARZENEGGER PUSHING CALIFORNIA WORKERS TO THE BACK OF THE CLASS
There are many class action lawsuits in the news, including claims against Johnson & Johnson for contaminated children’s shampoo, American Airlines for charging curbside baggage fees, and Nintendo for injuries sustained on the Wii. While these types of lawsuits make headlines, most class actions involve employment-related claims.
The ability to bring a class action is a great benefit to California workers. Violations of wage and hour laws and unpaid overtime rarely affect one worker. Class actions allow a single worker to bring a lawsuit against an offending employer on behalf of all similarly situated workers. This is especially beneficial to employees whose rights have been violated, but do not have the money to litigate their own case. Class actions also save time and money by allowing one judge to hear the concerns of all employees and arrive at one settlement.
During his State of the State Address, Governor Schwarzenegger announced his attention to “improve California’s legislative climate” by restricting class action lawsuits. In a position paper, he opines that “current litigation laws lead to large settlements…at the expense of California businesses.” In theory, giving big business a break will create more jobs and help curb the state’s $20 billion budget deficit. The plans include (1) allowing defendants, not only plaintiffs, to appeal class certification, (2) requiring plaintiffs, rather than defendants, to pay for notifying other potential class members, and (3) limiting the amount of punitive damages. These changes may occur as independent legislation or as a budget rider.
Although the governor considers tort reform “a top priority,” he may hit a roadblock when it comes to getting legislation passed by the Democratic Congress. The legislature is swamped with other issues including education reforms, an $11.1 billion water bond, and a measure to privatize the state’s prisons. Moreover, the proposed legal reforms would be devastating to California employees who are out of work or working under abusive conditions. Employee advocate groups are stringently opposed to limiting damages and civil liability.
If you are an employee in California, you can help prevent damaging changes to class action law by contacting the governor’s office or your state congressman. The most effective means of making a difference is to write a one-page letter, but a call or an email would also be helpful. You can contact the governor’s office at: http://gov.ca.gov/interact#contact
Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
P: 916-445-2841
F: 916-558-3160
California also has 2 state senators and 53 representatives. Contact information can be found at http://www.legislature.ca.gov/legislators_and_districts/districts/senatedistricts.html and http://www.contactingthecongress.org/cgi-bin/newsweek.cgi?site=ctc&state=ca.
