California PAGA Claims

One of the most powerful laws that employees can utilize to seek justice for violations of their employment rights in California is the Private Attorney General Act (PAGA). A PAGA filing can be used for many different types of labor violations, and an experienced California employment law attorney can help determine if you have a case under this statute. To learn more about your legal options if you suspect that your rights have been violated by an employer, call or contact a lawyer today.

What is PAGA?

The Private Attorney General Act protects aggrieved employees who believe that they have suffered from labor violations by their employer. If a PAGA claim is successful, not only can workers collect compensation for the violations affecting them but also for any other labor violations discovered that the employer is engaged in. An employee is allowed to file a claim under PAGA even if they have signed away their right to sue in an employment agreement when they started their job. This applies to contracts that stipulate arbitration for disputes as well as for contracts that disallow class action filings. Neither apply to PAGA claims because denying an employee’s right to file a case under the Private Attorney General Act in California is considered a violation of public policy.

What Cases Fall Under PAGA?

There are three main types of labor violations that fall under the PAGA statutes. The first is any violation of California Labor Code sections that are listed specifically in the Private Attorney General Act. The second type of case that falls under PAGA is any violation of the state’s health and safety regulations, and the third type of claim is for any other type of violation of California labor laws.

However, it is important to note that PAGA claims work differently than other types of wage and hour employment law cases in California, which is why it is important to work with a knowledgeable employment law attorney on this type of case. Employees begin the process by filing a PAGA claim with the California Labor and Workforce Development Agency online and pay a small fee. Every claim must include the facts of the case, what specific statutes have been violated, and the names of the employees affected by the violation. The employer is given notice and the state agency has 65 days to investigate to determine whether they wish to take up the case. If not, the employee can proceed by filing their own individual PAGA claim against their employer. If an employee moves forward on their own, they serve as a representative for all workers aggrieved by the labor violation.

Damages for PAGA Claims

Employees who have had their rights violated under PAGA have one year from the last violation to file a claim with the agency. Damages for successful PAGA claims include a penalty of $100 per employee affected for the first violation and $200 per employee for any subsequent violations. While this may not seem like a lot initially, for employers that have engaged in wage or hour violations for multiple pay periods the damages can accumulate quickly.

Talk to a Lawyer

Do you believe that you have a PAGA claim? Talk to an experienced California employment lawyer today.