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10 Hastings Bus. L.J. 225 (2013-2014)
A Right without a Remedy Is No Right at All: A Case for Why AB 1844 Requires a Remedial Scheme and What It Might Be

handle is hein.journals/hbuslj10 and id is 237 raw text is: A Right Without a Remedy Is No Right at All: a Case for Why AB 1844 Requires a Remedial Scheme and What It Might Be Tina Lu* This note seeks to explore whether California intended to create a right or right of action for a plaintiff seeking to sue an employer for an AB 1844 violation, and if so, what remedies are available to the plaintiff This note discusses several remedies that may be available: options include, but are not limited to, a discussion of the remedial scheme created by the Private Attorney General Act of 2004; a wrongful discharge claim in violation of public policy; or a civil penalty. Next, this note discusses whether or not the trifocal approach of the ights -right of action -remedy equation is the best test a court should use and advocates for an alternative analysis under Professor Zeigler's singular approach. Lastly, this note suggests a solution for the California courts to adopt in deciding a case arising under AB 1844. I. INTRODUCTION Social media usage is on the rise'. According to Nielsen's Social Media Report2, users spend more time on social networks than any other site. Users on social media sites often post personal information about themselves on their social media accounts including their age, religion, or ethnic background.' For example, * J.D. Candidate, University of California, Hastings College of the Law, 2014; B.A., Political Science, University of California, Berkeley, 2008. The author thanks professor Michael Zamperini for his guidance, as well as the editors of the Hastings Business Law Journal 1. Social media refers to the means of interactions among people in which they create, share, and exchange information and ideas in virtual communities and networks. Tony Ahlqvist, et al, Social Media Roadmaps, Exploring the Futures Tnggered by Social Media, VTr TIEDOTrEITA RESEARCH NOTES 2454,13 (2008), available at http://www.vtt.fi/inf/pdf/tiedotteet /2008/T2454.pdf. 2. NIELSEN, Stale of the Media: The Social Media Report, 1(2012), available at http:// www.nielsen.com/content/dam/corporate/us/en/reports-downloads/2012-Reports/The-Social-Me dia-Report-2012.pdf. 3. Mike Sachoff, Social Network Users Posting Too Much Personal Information, WEBPRONEWS (May 4, 2010), available at http://www.webpronews.com/social-network-users- HASTINGS BUSINESS LAW JOURNAL 225

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