California’s Labor Code and Fair Employment and Housing Act provide some of the most expansive and protective workplace laws in the country. Nevertheless, the California Legislature, every year, introduces numerous proposals to further expand these laws and add obligations and penalties on employers.

Under many of these laws, it is easy for employees to make allegations and bring suit, while there is a high burden of proof on the employer who may have done nothing wrong to disprove the allegations. The prospect for high penalties and damages amounts and one-sided attorneys’ fee recovery for employees, incentivizes many plaintiff’s attorneys abuse the laws and file meritless lawsuits against employers.

While it is important for employees to have workplace protections, policymakers need to take a balanced approach when writing these laws. Weighting them too far in one direction invites abuses and excessive litigation.