Partnership opposes AB 403, a whistle blower retaliation bill that incentivizes frivolous litigation

IRWINDALE - The San Gabriel Valley Economic Partnership opposed AB 403 (Kalra) this week, a bill that incentivizes frivolous litigation by undermining the Division of Labor Standards Enforcement whistle blower retaliation complaint process by requiring a one-sided attorney's fee provision.

"The current process for investigating whistle blower retaliation complaints would be completely undermined by the passage of AB 403," said Partnership President & CEO Bill Manis. "Adding the ability to collect attorney's fees for only one-side of the complaint process provides incentives for more litigation to be filed against employers. At the least, attorney's fees should be add for both sides in the complaint review process."

The complaint process in the Division of Labor Standards Enforcement is typically a less contentious and litigious approach to resolving incidences of potential whistle blower retaliation. AB 403 undermines that process by allowing the collection of attorney's fees, thereby adding an incentive to the process. At the very least, attorney's fees should be able to be collected by both sides in a complaint process to provide a level playing field for everyone potentially involved.