ANTI-SMALL BUSINESS LEGAL SYSTEM PERSISTS

As a young professional in the farming industry, I am concerned about the financial future of my generation in California, and the viability of small farming operations here long-term.

Unfortunately, our state has an egregious anti-small business legal system that encourages predatory lawsuits — resulting in higher prices for everyone. In fact, we were ranked the worst Judicial Hellhole in the country this year by the American Tort Reform Foundation.

Specifically, our Private Attorneys General Act (PAGA) incentivizes employees to sue businesses on behalf of themselves, coworkers, or even the state. Because the law is so wide-ranging, this has turned into plaintiff’s lawyers searching for disgruntled employees and finding any excuse they can to file a lawsuit.

And while there are certainly legitimate victims who have benefited from PAGA, a significant number of PAGA lawsuits target small businesses specifically because they can’t afford to defend themselves in court. These usually focus on the most insignificant, technical allegations ranging from typos on paystubs to lunch breaks that were a minute short.

Of course, trial lawyers never target big companies that have the financial resources to fight long legal battles and are able to have sham PAGA lawsuits dismissed. Instead, small, vulnerable operations are the best targets. At the top of the list are family farms and related small businesses that have had it especially tough over the last several years.

In the end, small businesses continue to close, livelihoods are ruined, and prices are rising for everyday consumers. Something must change.

— Bryan Henriquez, Bakersfield