Private Attorneys General Act (PAGA)

Thank you to all who take time to participate in our surveys. CRA uses the information we gather to better serve you. If you have an idea for a survey for CRA members, please send your request to CRA at Info@CalRental.org. This month, we surveyed members about PAGA, California's Private Attorneys General Act. Employers may face fines under PAGA, which allows aggrieved employees to sue over alleged labor code violations on behalf of themselves and other employees and to step into the shoes of state regulators to recover civil penalties. PAGA claims include technical wage statement violations.

1. What type of Rental Business do you have?
General Rental: 40% (10 responses)
Party Rental: 40% (10 responses)
Both: 20% (5 responses)

2. How do you handle overtime hours due to drive time? Do you autopay 1 hour penalty?
Yes: 12% (3 responses)
No: 72% (18 responses)
Additional comments:
1. Drive time is work time in our vehicles.
2. Not sure what your asking.
3. Does not apply.
4. Not sure what you mean by the "drive time.” We pay the penalty hour if break/lunch is missed. In some cases, staff sign a waiver stating, "I was given the opportunity to take lunch/breaks in a timely fashion, but chose (on my own accord) to take said break after the 5-hour period.
5. What is meant by drive time?
6. I am not sure. I need more info.

3. How are you accommodating lunches and breaks due to PAGA?
Logs: 15% (4 responses)
Clock In / Out: 81% (21 responses)
Other (please specify): 23% (6 responses)
1. Badly. Leave it up to employee.
2. Take it on your own accord.
3. Does not apply.
4. And they sign each week indicating "I was given appropriate opportunity to take breaks/lunch periods as prescribed by law.”
5. Clock for meal periods, breaks are not clocked.
6. Logs for breaks, clock for lunches.

4. Do you have a disclaimer statement on your time cards?
Yes : 40% (10 responses)
No: 56% (14 responses)
Additional comments:
1. Computer log in and out.
2. Does not apply.
3. We don’t use physical cards; fingerprint time-clock.
4. EE verifies electronically that the hours they submit are accurate.

5. Additional survey comments:
1. We have been hit with PAGA, $100,000 plus attorney fees and mediation settlement for 265,000 over 10 months.
2. I am Oregon Corp. This probably does not apply.
3. I will research disclaimer for time cards. Ours are generic and the design hasn’t change much in 40 years.
4. Have conversed with Richard @ Town and Country about this. He along with several people in nonrental businesses have launched quite a lobby against PAGA. If not aware of their efforts, might be interesting to learn what they are up to—can only benefit us all!
5. Great survey!