Business and labor are gearing up to go head-to-head on Californians’ ballots again — this time over a consequential 20-year-old state labor law you’ve probably never heard of.

The two sides released dueling reports this week extolling the virtues, and, sins of the state’s Private Attorneys General Act, which major employers’ groups such as the California Chamber of Commerce are campaigning to repeal via the November ballot.

The law — and a recent string of court decisions over its scope — is deep in the weeds, but here’s the gist of it:

Workers claiming labor law violations, such as wage theft, can ask the state Labor Commissioner’s Office to investigate, and either cite or sue the employer.

The Private Attorneys General Act offers another option. It lets the state outsource the suing to private attorneys, with a worker taking the place of the state as the plaintiff. If the worker wins, the private lawsuit — just like a suit brought by the state — is used to collect a payout for them and their coworkers. The state gets most of the cut, because workers using this law are suing for state penalties.

Labor groups like the law because it bulks up capacity for the state Labor Commissioner’s Office. So do the attorneys who bring these cases on behalf of workers and collect legal fees.

Business groups hate the law, saying it enriches lawyers while subjecting numerous businesses to costly suits over technical violations. A coalition of business groups qualified a ballot measure two years ago to repeal the law. The group has reported receiving $15 million for the campaign in the last month.

Wednesday, they released a report authored by three former state labor officials finding that workers participating in the lawsuits got less money from the payouts than workers participating in a successful state investigation. Workers also waited longer for an award, the report said.

This week, the UCLA Labor Center and two advocacy groups issued their own report, saying that without the private lawsuits, the state’s Labor Commissioner’s Office doesn’t have the capacity to take on thousands of new complaints of wage theft. And some workers don’t have other options because many employees are subject to agreements in which they’ve given up the right to sue their employers directly, the report said.

The sides could reach a deal and get the Legislature to pass a bill making changes to the law in exchange for pulling the repeal measure off the ballot — as business and labor did last year when agreeing on a new minimum wage for fast food workers.

Business groups propose making complaints processed by the state get resolved faster, and reducing the amount attorneys can collect from payouts. They spent more than $800,000 lobbying the Legislature on overhauling the law in the last three months of 2023.

A deal would have to materialize before an end-of-June deadline to pull measures off the November ballot. Otherwise, the esoteric issue goes to the voters.

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CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

At the height of the pandemic, in spring 2020, Maria O. her husband and four children were quarantined in their one-bedroom apartment in South Los Angeles, each vying for privacy, quiet and adequate technology to work and attend school remotely.

There weren’t enough tablets or laptops, and Wi-Fi was glitchy. Her children ended up logging into online classes using their parents’ phones. While the children once loved school, they started falling behind academically. Everyone grew frustrated.

“People on the outside don’t know the impact that remote learning had on families like us,” said Maria O. “It was hard and it was stressful. We stayed afloat, but it wasn’t easy.”

Maria O.’s family is among a dozen Californians who joined a lawsuit against the state, claiming that in many schools, remote learning was so inconsistent and ineffective that thousands of students — especially low-income, Black and Latino students — were denied their right to an education. She and other plaintiffs in the case were not identified by their full names in court documents and asked to remain anonymous when interviewed in order to protect their children’s privacy.

The case was settled this month in Alameda County Superior Court, which issued an order that the state introduce legislation requiring schools to spend the remaining $2 billion in COVID relief funds to help students who were most impacted by remote learning recover academically and emotionally from the pandemic. That could include tutoring, counseling, after-school activities and other steps.

The impact of school shutdowns

But beyond the settlement details, the case has drawn attention to the magnitude of learning loss during the pandemic. Despite herculean efforts by school staff to keep students engaged during remote classes, learning loss — especially among students who were struggling before the pandemic — is a crisis that could harm a generation of students, researchers said.

“We can measure the impact of lost quality instruction, but the implications of a traumatic few academic years are much bigger for student health, mental health and well-being,” said Joe Bishop, co-founder of UCLA’s Center for the Transformation of Schools. “In the same way we rush to support families after a wildfire or school shooting, we have to deploy assistance to help students, especially youth of color, with the same sense of urgency.”

Bishop and his team at UCLA published a pair of reports on learning loss on behalf of the plaintiffs in the lawsuit. They interviewed teachers, administrators, counselors and school staff at all levels. They found that remote learning exacerbated pre-existing inequities and that most educators believe the state offered insufficient guidance on how to navigate the pandemic.

“Districts were flying in dangerous conditions without a control tower.”
— Joe Bishop, co-founder of UCLA’s Center for the Transformation of Schools

But with California’s decentralized education system, the state’s authority was limited, said Elizabeth Sanders, a spokesperson for the California Department of Education. Still, the department provided ample assistance for schools under difficult circumstances, she said.

“Certainly, there were clear needs for support that students and families had during the pandemic. (The Department of Education) and Superintendent (Tony) Thurmond acted immediately to try to meet those needs,” Sanders said. “And when new needs arose, we stepped in to provide help every step of the way.”

For example, when some districts struggled to get laptops or tablets for every student, the state leveraged its connections to manufacturers to deliver enough devices to districts, even amid a global shortage, she said. In addition, the state provided a host of online resources for schools, addressing health, distance learning, reopening campuses, parents’ concerns and other topics.

Nonetheless, too many districts were “flying in dangerous conditions without a control tower, or central place of support,” Bishop said. “They were largely left alone to weather the COVID storm.”

While some districts fared relatively well during remote learning, others struggled to meet students’ basic needs. That included everything from providing enough devices and Wi-Fi hotspots, to addressing students’ mental health needs, to offering adequate academic instruction.

“Schools and districts felt isolated and on their own dealing with this extraordinary moment in our history,” Bishop said. “They had to be public health experts, help parents find jobs and housing, provide IT support.”

The UCLA researchers also looked at solutions to a problem they say stretches far beyond the realm of schools. They said the Department of Education needs support from the Legislature and other agencies to create a long-term roadmap for recovery. It should include a comprehensive plan to address staffing shortages, expand mental health services and target services to students who need them the most, among other steps.

“Right now there’s not a clear compass for where we’re headed and what we’re doing about it,” Bishop said. “Learning has been stagnant, but as a state, what are we doing about it? This is a question we need to answer.”

Parents’ frustrations

Kelly R., another plaintiff in the lawsuit, said she’s hopeful the settlement funds will help students across California regain lost ground.

During remote learning, her three daughters, who were enrolled in Los Angeles Unified, experienced shortened school days and large amounts of independent work they struggled to complete. Kelly R., a case manager, was working from home, and because the family lived in an airplane path, Wi-Fi was unreliable.

Her children were falling behind academically, lost their self confidence and started disliking school, she said. This was especially frustrating, she said, because just a few miles away in more affluent neighborhoods, students were attending in-person learning pods paid for by their parents, and staying on top of their academics.

“It was stressful, discouraging. I had a sense of helplessness. I kept asking myself, what could I have done better?” she said. “Maybe if we had been in a different tax bracket, things would have gone differently.”

Compton Unified rebounds

Compton Unified, in Los Angeles County, has rebounded almost entirely from the pandemic, according to the most recent California Schools Dashboard data. Last year, English language arts scores actually surpassed the 2019 results, while math scores jumped 5.8% to nearly meet the pre-pandemic score. The graduation rate was 89% last year, two percentage points higher than in 2019. Chronic absenteeism was still high last year, but it was lower than the state average of 24%.

Superintendent Darin Brawley credits a heavy investment in tutoring and mental health services, some of which pre-date the pandemic. The district used its COVID relief funds to contract with four tutoring agencies and expand mental health curriculum at all schools, for families as well as students. It also operates 30 on-campus wellness centers that offer services such as mental health counseling, yoga and mindfulness and crisis intervention.

Brawley also credits an early reopening plan. Some students, including English learners and those in special education, began returning to in-person school in October 2020, months before most other schools reopened.

“Because of that, our students have done a little better. The drops were not as significant,” Brawley said. “Although we’re not where I want us to be.”

Brawley said he’s heartened by the settlement, but its success will depend on whether the money actually benefits students who were most affected by remote learning. Accountability and follow-up will be key, he said.

“This case is extremely important. You cannot deny that Black and brown and low-income students were significantly impacted by the pandemic,” Brawley said. “But the devil will be in the details.”

California’s education landscape, in context

California’s learning loss was not the worst in the country, by a long shot. California is actually in the middle of the pack nationwide, according to a report from the Stanford Graduate School of Education released last month. California schools have seen less dramatic recovery than other states, but the initial loss wasn’t as great.

Nationwide, the recovery for some districts has been remarkable, said Sean Reardon, co-author of the study and a Stanford University education professor. While some districts, especially those in low-income areas, are still behind, some have made significant strides to catch up. Overall, students have rebounded by 25% in reading and 33% in math, far exceeding students’ typical progress in a year, according to the report.

He said teachers deserve credit for those improvements, helping students stay on track academically while addressing a host of other demands.

“The question is, will the recovery be sustained as (COVID relief) funds run out this year,” Reardon said. “We also need to look at the strategy going forward.”

“It was hard and it was stressful. We stayed afloat, but it wasn’t easy.”
— Maria O., parent in South Los Angeles

For Maria O., who works as a case manager, the effects from the pandemic still linger. Her children managed to stay afloat, thanks in part to tutoring and other support from Community Coalition, a South Los Angeles nonprofit that focuses on social justice. But they’re not as enthusiastic about school as they once were.

Her son, who’s in high school, is especially disengaged, she said. Although he’s doing OK academically, he often wants to skip class, she said, and she worries about him.

“I didn’t take part in this lawsuit for my kids, though. I did it for the kids who don’t have the support that my kids do,” she said. “I want to give them a voice.”

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CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

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The Eureka Planning Commission on Wednesday enthusiastically approved plans to turn a vacant lot at Third and G Streets into a four-story mixed-use housing development. 

Plans for the building, submitted by local developer Adams Commercial General Contracting, Inc. (ACGC), include two ground-floor commercial retail spaces with 13 apartments on the upper floors. The apartments will be a mix of studio, one-bedroom and two-bedroom units, with three fully ADA-accessible units. The building will be equipped with a rooftop solar power system as well as night-sky-friendly exterior lighting. 

Development Services Director Cristin Kenyon noted that the building plans are consistent with Eureka’s 2040 General Plan, which seeks to move away from the “suburban sprawl model of development.”

“Our coastal zoning code still [includes] … a maximum building height of 100 feet,” she said. “The old code [wants] these giant parking lots with the building not taking up much of the space and that’s not consistent with our historic development patterns. The 2040 General Plan is trying to push us back to what we were developing like in the 1880s to the 1940s … [with] greater density development, and we buildings fronting the street [that] create that nice framing of our streets and making it more pedestrian-friendly.”

ACGC architect Julian Berg noted that the building was designed to accommodate various uses in the future. “We’re building in that flexibility,” he said. “We do have a chase going up from the first floor all the way to the roof, so you could [turn] the space into a restaurant or some other type of use in the future … There [are] higher ceilings so you could do additional ductwork or electrical if you need to.”

Raelina Krikston, ACGC’s real estate development director and community liaison, added that the permit application included a provision that would allow the ground floor units to be used as offices, but said several businesses have already expressed interest in the commercial retail space. 

“In the conversations we’ve had with possible tenants, the current economic uncertainty has made it difficult for people to sign on to a build-to-suit lease … as well as signing on for our minimum lease terms,” she said. “There are other businesses that represent services that aren’t particularly business-serving in the way that the commercial waterfront district asks for. … I just wanted to make that known: that, you know, we’re not outright seeking to make them offices. We’re just hoping to open it up for any reasonable commercial tenants.”

Along with the Conditional Use Permit and Coastal Development Permit, ACGC also requested a variance from zoning regulations that typically require housing projects to include designated parking spots for residents. 

The staff report notes that the Humboldt County Association of Governments (HCAOG) recently amended the regional transportation plan to include seven major transit stops, including the EaRTH Center, which will be located across the street from the project site. “As a result, the City is preempted by State Law from imposing any parking requirement on the proposed project,” according to the report.

The historic Joseph Russ Building, which burned down in 2006. | Image via City of Eureka

The 4,460-square-foot parcel, formerly home to Russ Meat Market and later Globe Imports, has sat vacant since the historic building was destroyed by a fire in 2006. The parcel was previously part of a larger 10,890-square-foot parcel, which included a single-story metal building on the alley and the two-story Joseph Russ Building next door, but was subdivided in 2021 to accommodate the development of the vacant corner.

Speaking during public comment, Robert Maxon, owner of Globe Properties and the adjacent parcel, said he had a lot of questions about the development when it was initially proposed but said, “What I see here, I really applaud.”

“I think it’s a fine project,” Maxon continued. “The project is bringing a new height to this corner – it’s gonna be really prominent and what this corner really deserves. I just, I can’t say enough about it. … I’m really impressed by this whole thing and I look forward to working with [the developers] in the future.”

Scott Pesch, a local commercial real estate broker, spoke in favor of the project and emphasized the need for modern, ADA-accessible office space in Eureka. 

“There’s a lack of office space available today that have these newer upgrades,” he said. “We have a lot of old buildings in the county – and obviously in the City of Eureka – but it’s just nice to see some new improvements that might help our offices or office supply because we do … have a lack of office space that’s needed.”

Following public comment, Commission Vice-Chair Craig Benson asked if the developer had any intentions of including a historical plaque somewhere on the exterior of the building to honor the Joseph Russ Building. Krikston said ACGC would “be happy to consider it.”

Commissioner Michael Kraft said he was a little unsure of the commercial retail versus office space uses before the meeting, but after hearing from ACGC and the public he felt much more comfortable. Commissioner Delores Freitas echoed his statement.

After a bit of additional discussion, Kraft made a motion to accept staff’s recommendation and approve the project. Commissioner Steve Lazar seconded the action.

The motion passed 4-0, with Commission Chair Meredith Maier absent.

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Other notable bits from Wednesday’s meeting:

• The Planning Commission approved the design plans for Habit Burger and Starbucks, to be located on T Street between Fourth and Fifth Streets in Eureka.
• The commission also approved plans for the city’s new maritime-themed playground at Grace Marton Memorial Park, located along Eureka’s waterfront near Sacco Amphitheater. The project includes improvements to the city’s Waterfront Trail.
• The commission also received an update on the city’s efforts to regulate short-term vacation rentals, such as Airbnbs and Vrbos. The commission formed a subcommittee, comprised of two commissioners and staff, to research the subject and come up with recommendations for the City Council that would further regulate short-term rentals in the city. The Planning Commission voted Wednesday to send the subcommittee’s memo to the City Council for consideration. That memo can be found here.