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  With each passing year the amount of PAGA Laws in California grow. Allow for the (Right To Cure) Keep California citizens working! PAGA Laws are causing companies shut down... when unemployment lines are long, nobody wins.  
 
 
(CABIA California Business & Industrial Alliance - Home > NEWS
 
 
 

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news - 2018
 


東西對話-A Lawsuit Against California. INTERVIEW WITH Tom Manzo AND robert pepple – G&E studio 12/07/18

explaining how paga law works. PAGA LAW; currently an 1,100 page book and how California companies are being hurt by this set of laws. (Play RADIO INTERVIEW)


Frivolous PAGA lawsuits are making some lawyers rich, but they aren't helping workers or employers. - BY KEN MONROE - 12/06/2018

The Founder of California Business and Industrial Alliance joins the show with more on the complaint they filed over the Private Attorney's General Act. (READ FULL STORY)


Greedy Lawyers and their frivolous lawsuits hurting california companies.
John and Ken On Demand
- IHeartRADIO - 12/05/18

The Founder of California Business and Industrial Alliance joins the show with more on the complaint they filed over the Private Attorney's General Act. (Play RADIO INTERVIEW)


California Trade Group Fires Salvo Against Attorneys & State - COURTHOUSE NEWS SERVICE - 12/04/2018 - A California trade organization has sued the state, claiming its Private Attorneys General Act unconstitutionally allows private attorneys to abuse the law for personal gain.

More than 35,000 PAGA notices have been filed by trial attorneys since the law went into effect, and more than 100 law firms have sent 50 or more PAGA notices, according to the Nov. 28 lawsuit in Orange County Superior Court. (READ FULL STORY)


Lawsuit Filed Against California’s Attorney General Alleging the Private Attorney General Act (“PAGA”) is Unconstitutional - The National Law Review - 12/04/2018 - The Complaint alleges that PAGA is unconstitutional and requests that the state of California enforce its own laws – “rather than transferring the state’s powers to private attorneys who operate for their own personal gain.

This will be a closely watched case by employers as well as employment attorneys on both the defense and plaintiff’s side as the outcome of this case will have a lasting impact on how representative actions are being litigated and the penalties that are being awarded for PAGA causes of action through either judgments or settlements. (READ FULL STORY)


Business Group Challenges Constitutionality of California’s PAGA Law - Employment Law This Week® - News Development - jdsupra - 12/03/2018 - In this news development from Employment Law This Week®, attorney Richard J. Frey from Epstein Becker Green discusses the California Business and Industrial Alliance’s lawsuit alleging that the state’s Private Attorneys General Act (also known as “PAGA”) constitutes an improper delegation of state power.

Watch the full series and subscribe for notifications: EmploymentLawThisWeek.com. (play the Interview)


Valley Business Alliance Sues to End PAGA - SAN FERNANDO VALLEY BUSINESS JOURNAL, By Ethan Varian- 11/30/2018 - The California Business and Industrial Alliance has filed a lawsuit challenging the constitutionality of the California Private Attorneys General Act, or PAGA

Critics of PAGA say disgruntled employees and opportunistic trial lawyers often use the law to wreak financial havoc on small businesses. (READ FULL STORY)


Lawsuit Seeks to Have Private Attorneys General Act Declared Unconstitutional - FOX & HOUNDS, By TOM MANZO- 11/30/2018 - The opening synopsis of the complaint asks: Are California business owners who inadvertently make a payroll error equivalent to the worst perpetrators of hate crimes?

PAGA, as written and practiced, is unconstitutional. With this complaint, CABIA is asking the state to enforce its own laws–rather than transferring the state’s power to private attorneys who operate for their own personal gain. (READ FULL STORY)


Might There Be an End in Sight to the Private Attorney General Act? - SNELL AND WILMER LABOR AND EMPLOYMENT LAW BLOG, By ERIN LEACH- 11/29/2018 - While PAGA took effect in 2004 – to purportedly provide a means to help employees right workplace wrongs...

As alleged by the California Business & Industrial Alliance, PAGA has become “a tool of extortion and abuse by the Plaintiffs’ Bar, who exploit the special standing of their PAGA plaintiff clients to avoid arbitration... (READ FULL STORY)


We’re suing California to fix state’s broken labor laws - The orange county register, By Tom Manzo- 11/28/2018 - Are California business owners who unintentionally make a payroll error equivalent to the worst perpetrators of hate crimes?

... Rather than helping employees, PAGA has transferred the state’s power to private attorneys who operate for their own personal gain. (The orange county register), (The LOS ANGELES DAILY NEWS)


PAGA Cost Wal-Mart 65 Million Dollars - Fox&Hounds, By Tom Manzo- 10/25/2018 - When the law was created there was a budget deficit in California and lawmakers decided to allow private attorneys to enforce labor laws.

... trial lawyers loved it as it guarantees 100% of their fees and have learned how to turn this into the most lucrative business “shakedown” in California. (READ FULL STORY)


TOM MANZO DISUCSSES ab-1654 WITH LARRY MARINO - Sunday Morning Newsmakers 10/07/18 - Seg 4, By Tom Manzo- 10/07/2018 - Tom talks about efforts to fix loopholes in the law that make california businesses the target of so called “PAGA,” lawsuits.

... THE WRONG EMPLOYEE NUMBER ON THE CHECK, NO HARM, THE EMPLOYEE WAS PAID ONTIME... LAST YEAR THEY HAD CLOSE TO 8,000 OF THESE LAWSUITS. (LISTEN TO THE RADIO INTERVIEW)


Business Continued to be Plagued By PAGA Lawsuits - Fox&Hounds, By Tom Manzo- 10/08/2018 - In the last year alone more than 8,000 businesses and non-profits have also been the victim of a PAGA Lawsuit..

... This is a shakedown and the business owner knows it and so does the trial attorney suing them. 97% of these cases are settled in mediation as fighting them is just too expensive. (READ FULL STORY)


PAGA is even too much for labor - Governor signs bill to let unionized construction employers off the hook - LEXOLOGY, By Tom Manzo- 09/20/2018 - ... instead PAGA has resulted in a flood of litigation against California employers – often over minor or technical violations of the law where the employee(s) suffered no harm.

In perhaps the ultimate case of, “do as I say, not as I do,” Governor Brown recently signed legislation to provide PAGA relief to one narrow segment of California employers – unionized construction contractors (READ FULL STORY)


AB 1654, another Union Exemption - Fox&Hounds, By Tom Manzo- 09/14/2018 - It stands for the Private Attorney General Act and was put into law in 2004. This law deputizes a trial lawyer to enforce any labor law violation.

... It just takes one employee to start this and their complaint becomes a class action lawsuit and the trial attorney starts to examine everything to look for a bigger payday for themselves. (READ FULL STORY)


Hey Legislators: What About Business? - Fox&Hounds, By Tom Manzo- 08/30/2018 - What does a California Business truly deal with while trying to run a business in California?

... A 1,400 Page labor law digest that most do not understand. (READ FULL STORY)


Abercrombie, Workers Ink $9.6M Deal Over Call-In Scheduling - LAW360, By Danielle Nichole Smith - 07/17/2018 - The counsel requested $2.8 million in fees, representing 30 percent of the total settlement amount.

Under the proposed settlement agreement, the average recovery for class members would be about $130. (READ FULL STORY)


PAGA’s Real Winners: Not Workers - SAN FERNANDO VALLEY BUSINESS JOURNAL, By Tom Manzo - 07/09/2018 - ...both for-profit and nonprofit – are clamoring for reform to this harmful law.

Each aggrieved employee will only receive about $15. Yes, you read that right. Meanwhile, the state will receive $488,000, and the trial attorneys will take home $330,000. (READ FULL STORY)


We Are So Divided CA Legislature Can’t Even Encourage the Peace Process - Fox&Hounds, By Tom Manzo - 06/12/2018 - The first sitting president in the last 70 years has an opportunity to make peace.

It seems common sense has left the building and any association of Republican affiliation is cause to deny whatever the cause may be. (READ FULL STORY)


Consider All Angles When Voting for a Judge - Fox&Hounds, By Tom Manzo - 05/22/2018 - California does not need PAGA or a 1,060 page rule book, the trial attorneys need it.

CABIA is taking a careful look at the judicial race in Kern County. (READ FULL STORY)


東西對話-Update on PAGA Laws - 05/07/2018 - G&E STUDIO - TARGETING SMALL TO MEDIUM BUSSINESSES IN CALIFORNIA - THOSE THAT DO NOT HAVE THE RESOURCES TO FIGHT.

CABIA IS WORKING TO CHANGE PAGA LAW in california. (PLAY THE INTERVIEW)


Suing your Bosses Would be Protected Under a New California Bill - 05/10/2018 - The DeMaio Report - FIGHTING AGAINST Lawsuit abuse prohibiting the use of Arbitration.



The State of the State of California Businesses - 05/02/2018 - The effect that California's minimum wage is having on small, medium and large business.

is the hike in California's Minimum Wage worth the trade off. (PLAY THE INTERVIEW)


FIGHT FOR PAGA REFORM - SAN FERNANDO VALLEY BUSINESS JOURNAL, By ETHAN VARIAN - 04/16/2018 - Valley group hires lobbying firm to change labor law after tracking nearly 8,000 suits.

Tom Manzo a valley business owner and president of CABIA, says the lucrative payouts have incentivized trial lawyers to seek out PAGA cases in order to collect fees on the settlements. (READ FULL STORY) | download the pdf file


東西對話-CABIA going to be Filmed - 03/23/2018 - G&E STUDIO - INTERVIEW WITH TOM MANZO AND CHRIS NEBE/FILM DIRECTOR - discussing a possible Documentary on PAGA.

'David vs Goliath' working towards a better business environment in california. (PLAY THE INTERVIEW)


Time to Hold Our Judges Accountable When it Comes To PAGA - FOX&HOUNDS, By TOM MANZO - 03/15/2018 - ...To add insult to injury, this change that was just decided is retroactive for four years.

It is a significant decision for employers operating in California that offer incentive pay for working longer/atypical hours (i.e., shift differentials) or non-discretionary bonuses. (READ FULL STORY)


東西對話-Stop the laws to save California - 02/26/2018 - G&E STUDIO - INTERVIEW WITH TOM MANZO AND mICHAEL SALTSMAN - PAGA LAWSUITS CONTINUE TO WEAKEN THE BACKBONE OF THE CALIFORNIA ECONOMY

IT ONLY TAKES ONE DISGRUNTLED EMPLOYEE TO POTENTIALLY CAUSE A CLASS ACTION LAWSUIT AGAINST ANY COMPANY IN CALIFORNIA. Michael saltsman discusses wage issues for california employees. (PLAY THE INTERVIEW)


Opinion: Uber’s PAGA Settlement Exposes Trial Attorneys’ Scam - TIMES OF SAN DIEGO, By TOM MANZO - 02/19/2018 - ...Uber; just another easy mark.

$7.75 million - Pyrrhic victory for the attorneys, however; the case documents expose the real beneficiaries of PAGA complaints — and it isn’t the drivers. (READ FULL STORY)


PAGA Problem Mirrors Workers Comp Before Reform of 2004 - FOX&HOUNDS, By joel fox - 02/14/2018 - the difficulties of the Private Attorneys General Act (PAGA) are similar to what business faced under the burden of workers compensation costs over a decade ago.

Technical infractions or misunderstandings of the extensive labor code can result in million dollar lawsuits that threaten a business’s existence while rewarding employees little of the settlement dollars but enrich attorneys who bring the lawsuits. (READ FULL STORY)


California should be more like Alabama — THE RADIO INTERVIEW - POLITICS AND ISSUES WITH LARRY MORINO - 02/19/18

HOW can businesses expect to survive in CALIFORNIA WHEN YOU CAN NOT COMPETE WITH THE OTHER STATES in our country...

...One thing to compete with China but when California workers can expect their minimum wage rate to rise above 13 dollars an hour this year, how can California businesses compete with companies in Alabama where the minimum wage is just over 7 dollars an hour. (PLAY THE INTERVIEW)


Why California should be more like Alabama — seriously - The Los Angeles Daily News - 02/08/2018 - ...But employers aren’t so picky: Toyota and Mazda announced recently they’ll invest north of $1.6 billion dollars to build a new factory and create over 4,000 good-paying jobs in Limestone County, Alabama

Fifteen states were competing for the Toyota-Mazda joint venture; California was not even on the bench. (READ FULL STORY)


Labor Law Reform is Long Overdue - SOUNDCLOUD - (Sunday Morning Newsmakers) TOM MANZO interviewed - 01/21/2018 - A look at “PAGA” The Private Attorney Generals Act, and how it is being used against California businesses

The link between the growing homless population in California and continuing push to raise the minimum wage for employees looking to work available entry level positions. (PLAY THE INTERVIEW)


Introducing the California Business and Industrial Alliance - central valley BUSINESS JOURNAL By Bruce Sarchet - 01/15/2018 - Our flexible schedule and rewarding employees for safe behavior is a something you should not do in California

Many employers in the Central Valley, which have operated their businesses in a particular manner for decades, have had their policies and rules challenged in PAGA lawsuits. (READ FULL STORY)


Labor Law Reform is Long Overdue - FOX&HOUNDS BY TOM MANZO - 01/10/2018 - Our flexible schedule and rewarding employees for safe behavior is a something you should not do in California

... I work for was assaulted with a wage and hour PAGA Lawsuit. This cost us over a million dollars and will take us years to recover. (READ FULL STORY)


東西對話-Let's Voice Out - 01/09/2018 - TAKING A LONG HARD LOOK AT THis year's new BUSINESS ENVIRONMENT IN CALIFORNIA AS WE START OUT 2018?

PAGA is a money grab... California PAGA law is not strictly a Democrat or Republican issue, it is a California Business issue. PAGA reform; this is why we formed CABIA. (PLAY THE INTERVIEW)


AM 870 interview with Larry Marino - Tom Manzo, President of Timely Industry formed The California Business And Industrial Alliance 01/07/18  (a.m. INTERVIEW)

A look at “PAGA” The Private Attorney Generals Act, and how it is being used against California businesses.
(PLAY THE INTERVIEW)

  news - 2017
 

California small businesses await very unhappy New Year
THE PRESS-ENTERPRISE
- by TOM MANZO 12/
28/17
(This story also ran in The Orange County Register and the Los Angeles Daily News)

When the clock strikes midnight on Jan. 1, California will usher in more than a dozen onerous new labor laws. Adding insult to injury... (READ FULL STORY), the los angeles daily news, the orange county register


Following Littler WPI and others on SoundCloud. 12/18/17 - Bruce Sarchet and Corinn Jackson, FROM Littler’s WPI - Down the Rabbit Hole: Will 2018 Bring Changes to California PAGA Actions?

Reviewing the status of the California Private Attorney Generals Act, which authorizes employees to recover penalties for many Labor Code violations. (PLAY THE INTERVIEW)


TALK RADIO | KABC AM 790 - Tom Manzo of cabia takes out a full page ad - california is bad for business 10/19/17 (p.m. INTERVIEW)

Tom, what were you thinking. ...COMPANIES ARE GETTING HAMMERED OUT THERE BY THE "SUE YOUR BOSS LAW"... AMAZON CURRENTLY HAS 17 DIFFERENT LAWSUITS AGAINST THEM IN CALIFORNIA. (PLAY THE INTERVIEW)


TALK RADIO | KABC AM 790 - Tom Manzo discusses the BUSINESS CLIMATE IN CALIFORNIA 10/19/17 (a.m. INTERVIEW)

What Amazon should know about our business climate in California. ...CALIFORNIA LABOR LAW IS 1,039 PAGES; 122 BRAND NEW LABOR LAWS CAME OUT IN 2017 ALONE ...WHEN YOU HAVE THAT KIND OF MAZE OF BUREAUCRACY... (PLAY THE INTERVIEW)


Sacramento area throws hat in the ring for Amazon’s ‘HQ2’
THE SACRAMENTO BEE
- by MARK GLOVER 10/
18/17

...Amazon announced on Sept. 7 that it was looking for a second headquarters in the United States. The announcement included numerous eye-popping numbers: $5 billion in construction as many as 50,000 high-paying jobs. (READ FULL STORY)


東西對話-Law Strangle on Buessiness owners - INTERVIEW WITH Tom Manzo AND Vincent Passanisi – G&E studio 10/03/17

California makes up 12 percent of the U.S. population, but we pay up to 30% of total Worker's Compensation Premiums in the United States. Companies located in Los Angeles, the Inland Empire and Orange County pay the highest rates for their Worker's Compensation Premiums in the United States... (PLAY THE INTERVIEW)


A Small Business StruggleConsider the story of Joann Roth-Oseary
fox&hounds
- by Tom Manzo 9/
28/17

Thirty-seven years ago Joann Roth-Oseary made a decision to start up her own business and create a catering company. Her vision to build a business was not an easy path... (READ FULL STORY)


Farmworker union dues seized to pay off UFW lawsuit
the los angeles Business Journal
- by Geoffrey Mohan 9/
12/17

Union dues from hundreds of farmworkers will be diverted to pay off a $1.2-million judgment against the United Farm Workers over the union’s treatment of its organizers. (READ FULL STORY)


PAGA victimizes workers, rewards trial lawyers
the los angeles Business Journal
- by tom manzo 9/
11/17

What happens when the state labor law no longer protects the employees who do the laboring? ...for trial attorneys this law's creation was the equivalent of winning a POWERBALL TICKET. (READ FULL STORY)


PAGA PROVOKES GROUP RESPONSE - Firms organize to oppose troublesome labor law.
the SAN FERNANDO VALLEY Business Journal
9/
04/17

...he hopes to make it a platform to oppose other state laws, using the PAGA issue as a teaching moment for other business owners, employees and lawmakers ...we want to advocate for change, but we want to educate... (READ FULL STORY)


Greedy Lawyers and their frivolous lawsuits hurting businesses
The DeMaio Report
on IHeartRADIO - 9/04/17

...it's basically a license to extort by private frivolous attorneys who go into companies and basically shake them down; looking for any technical violations. ...if your non-union we're going to punish the hell out of you... (RADIO INTERVIEW-Part 1) (RADIO INTERVIEW-Part 2) (RADIO INTERVIEW-Part 3)

 


California’s less sexy industries are struggling, and trial lawyers aren’t helping -
the sacramento bee - BY TOM MANZO 9/01/2017

It’s not a partisan issue. Business owners of all political stripes, and even the United Farm Workers, have been hit with PAGA suits.

A PAGA lawsuit filed in 2014 by a former organizer for the United Farm Workers in Monterey County ended with a $1.2 million judgment against the union. Here, farm workers weed strawberry rows in a field outside Salinas.

With paid sick leave and the $15 minimum wage, unions have plenty of victories to celebrate this Labor Day. For business owners who employ the state’s labor force, it’s a different story.

While California can be an expensive place to operate, hundreds of thousands of business owners and executives still choose to survive and even thrive in what is the world’s sixth-largest economy. But our ranking – driven largely by the state’s thriving tech economy – obscures the difficulties faced by less sexy industries. And it ignores a hostile legal climate that rewards trial attorneys for suing legacy businesses that are desperately trying to remain here.

Consider my company, Timely Industries in Pacoima, which employs 193 people to manufacture pre-finished steel door frames. It’s a booming business. I have a warehouse full of already sold frames, and we’re running at full capacity to keep up with customer demand.

Timely opened its doors in 1971, and its employees have always been on equal footing with customers. Imagine my shock when I received a phone call last December informing me that a disgruntled former employee had filed a complaint under the state’s Private Attorneys General Act.

Our offense? Providing employees the flexibility (which they had requested) to take lunch breaks together.

The former employee, who couldn’t file a wrongful termination suit, was counseled by his attorneys that the flexibility violated the state’s mandatory five-hour lunch break law. The complaint cost our company nearly $1 million – and cost our employees their desired lunchtime flexibility. Apparently, trial attorneys believe the purpose of our state’s 1,000-plus-page labor code is to let no good deed go unpunished.

Fortunately, there’s a silver lining: Because of our ordeal, I’ve now connected with dozens of other business owners who have faced similarly frivolous lawsuits. With their support, I’ve founded a new trade organization called the California Business & Industrial Alliance, which is focused on reforming the PAGA.

It’s not a partisan issue. Business owners of all political stripes, and even the United Farm Workers, have been hit with PAGA suits.

This Labor Day, I’m hopeful that business and labor can come together to reform a law that desperately needs change. As we celebrate the contributions that workers have made to the strength, prosperity and well-being of our state, let’s ensure our labor law is helping rather than hurting.
(READ FULL STORY)

 


PAGA Suits Raise Employer Stakes - Law gives plaintiffs, attorneys right to review wage-hour data, compile class actions.
the Los Angeles Business Journal 8/18/17

...Things got worse with word the suit against Passanisi’s Santa Fe Importers/Marisa Foods was amended to include provisions of the state’s Private Attorneys General Act, a 2004 law that turbocharges potential penalties and allows plaintiffs to avoid arbitration. (READ FULL STORY)


The California Business and Industrial Alliance, a New Organization that Sets Sights on Fixing PAGA Law - By Tom Manzo fox&hounds 8/02/17

CABIA will work with legislators of all political backgrounds who share common interests. CABIA was formed due to Private Attorney General Act (PAGA) Laws that hurt Timely Industries and thousands of other businesses who have been affected by a PAGA lawsuit. (READ FULL STORY)


John and Ken Show | KFI AM 640 | iHeartMedia - Tom Manzo discusses the PAGA lawsuit at Timely 7/07/17

More proof that California has too many lawyers. Back in 2004 they passed something called the "California Private Attorney General Act", known as the sew your boss law... (PLAY THE INTERVIEW)


studios get gifts, businesses get grief - San Fernando Valley Business Journal 7/10/17

My company, Timely Industries in Pacoima, was hit with a lawsuit in December under the Private Attorney General Act over meal periods that were taken more than 5 hours after the employees' arrival due to our flexable schedule. (READ FULL STORY)


Farmer Brothers leaving the state, in bitter blow to family of workers - Los Angeles Times 2/10/15

...the company whose five stated principles include "treat our employees as a Farmer Brothers Family," informed 350 of them last week that they are about to get the ax. (READ FULL STORY)