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Hastings Business Law Journal

Authors

Tina Lu

Abstract

This note seeks to explore whether California intended to create a right or right of action for a plaintiff seeking to sue an employer for an AB 1844 violation, and if so, what remedies are available to the plaintiff. This note discusses several remedies that may be available: options include, but are not limited to, a discussion of the remedial scheme created by the Private Attorney General Act of 2004; a wrongful discharge claim in violation of public policy; or a civil penalty. Next, this note discusses whether or not the trifocal approach of the rights--right of action--remedy equation is the best test a court should use and advocates for an alternative analysis under Professor Zeigler's singular approach. Lastly, this note suggests a solution for the California courts to adopt in deciding a case arising under AB 1844.

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