CA AB2288

Modifies standing requirements under PAGA to allow aggrieved employees to bring civil actions on behalf of employees "against whom a violation of the same provision was committed" rather than requiring all employees to have personally suffered each alleged violation.

Allows nonprofit legal aid organizations meeting specific qualifications to file civil actions as counsel of record for aggrieved employees if they have served as counsel in PAGA cases for at least five years prior to January 1, 2025.

Reduces civil penalties for violations by employers with employees from $100 per employee per pay period to $25-$50 for isolated, nonrecurring violations lasting 30 consecutive days or less, and establishes $200 penalties for subsequent or malicious violations.

Permits penalties to be reduced by 15% if employer took all reasonable steps to comply before receiving notice, or by 30% if employer achieves prospective compliance within 60 days of notice.

Changes civil penalty distribution from 75/25 split to 65/35 split between the Labor and Workforce Development Agency and aggrieved employees.

Applies to civil actions brought on or after June 19, 2024, and becomes operative only if Senate Bill 92 of the 2023-24 session is enacted and takes effect by January 1, 2025.