Private Attorneys General Act Law Experts in Los Angeles

Understanding the Private Attorneys General Act (PAGA) in Los Angeles

The Private Attorneys General Act (PAGA) empowers employees in Los Angeles and across California to take action when they witness or experience violations of labor, safety, or tax laws in their workplace. Under this law, employees essentially act as “private attorneys general,” meaning they have the legal authority to report these violations and hold their employers accountable for them.

But how exactly does PAGA work, and what rights do employees have under this act? Let’s break it down.

What is the Private Attorneys General Act (PAGA)?

PAGA was designed to allow employees to seek justice for workplace violations that might otherwise go unreported or unpunished. These could include breaches of safety regulations, violations of wage and hour laws, or any other infraction that affects the employee’s well-being and rights. Instead of relying on government agencies to take action, PAGA allows employees to take matters into their own hands and file claims against their employers on behalf of themselves and other affected employees.

How Does PAGA Protect Employees in Los Angeles?

The beauty of PAGA lies in the fact that employees in Los Angeles can act as whistleblowers, holding their employers responsible for breaking the law. For example, if an employer is underpaying workers or failing to provide mandatory meal breaks, a PAGA claim can compel the employer to rectify the situation and pay fines. These penalties are shared between the employee and the state, creating a win-win scenario that serves both the individual’s interests and the public interest.

In Los Angeles, a region with diverse industries and a high cost of living, enforcing labor laws is essential to maintaining fair working conditions. The city’s booming economy, driven by sectors such as entertainment, healthcare, and technology, makes it critical for workers to understand their rights under laws like PAGA.

What Types of Violations Can Be Reported Under PAGA?

Employees can report a wide range of workplace violations under PAGA, including:

• Safety violations: If your employer fails to provide a safe working environment, such as not adhering to OSHA standards, you can file a PAGA claim.
• Wage Violations: Are You Not Receiving Your Rightful Pay, Overtime, or Breaks? PAGA empowers you to report these infractions.
• Tax violations: If your employer is evading taxes or not following tax laws, you have the right to report them under PAGA.

By filing a PAGA claim, employees can ensure their workplace follows the law, which in turn benefits not only them but also their colleagues.

FAQs About PAGA in Los Angeles

Why Is PAGA Important in Los Angeles?

Los Angeles has one of the most dynamic economies in the U.S., with millions of workers in industries ranging from manufacturing to film production. Unfortunately, this diversity sometimes leads to inconsistent adherence to labor laws. With so many workers relying on fair wages and safe conditions to thrive, PAGA serves as a crucial tool for accountability in the workplace.

Do I Have to Be Employed to Report Labor Violations?

If you’re wondering whether you need to be employed to report labor violations, the answer largely depends on the specific laws governing such claims. Under the Private Attorneys General Act (PAGA) in California, you must either be a current or former employee of the employer you are filing the complaint against. In other words, to bring a PAGA claim, you need to have been employed by the company at some point.

PAGA is a crucial tool for employees to hold companies accountable for violating labor codes. This act enables employees to act on behalf of the state to enforce labor laws when the state itself may lack the necessary resources to do so. But to qualify, you must have been employed by the employer in question, whether in the past or present.

What Is an Aggrieved Employee?

In legal terms, the individual bringing forth the lawsuit is often referred to as an “aggrieved employee.” This term is used to describe someone who has suffered some form of injury or harm due to a labor code violation committed by their employer. Whether it’s unpaid overtime, denied meal breaks, or any other breach of California’s labor laws, the aggrieved employee has a right to seek justice under PAGA.

But what happens if the company no longer employs you? Can you still file a claim?
Yes, former employees can file claims as long as they experienced harm during their time of employment. For example, if you quit or were laid off and later realize that your employer violated labor laws during your tenure, you still have the legal standing to bring a case.

FAQs About Filing a Labor Violation Claim

Will I receive compensation for reporting under the Private Attorneys General Act?

Typically, employees who report under the Private Attorneys General Act do not receive compensation for their reporting. For example, there’s a $100 civil penalty for any labor violation per employee.

These fines and penalties typically go directly to the state, and not to the employees themself. Employees then have the right to file an independent lawsuit to reclaim those wages.

When can I file a Private Attorneys General Act claim?

You have one year from the date of the labor code violation to report this incident. For more information, we recommend consulting with our Los Angeles employment attorneys.

What type of claims fall under the Private Attorneys General Act?

• Violations of the California Labor Code include various types of labor laws. For example, this includes wage and hour violations. An employer must pay the minimum wage, provide overtime pay, and offer employees proper rest and meal breaks. An employer must also provide accurate payments and pay stubs to employees.
• Violations of California health and safety regulations: Employers must maintain a safe workplace environment for all employees. This means properly storing all materials and workplace equipment. Employees must also receive proper training on how to use the equipment. 

How can an employee file a work Private Attorneys General Act lawsuit?

The Private Attorneys General Act lawsuit process is different from a standard lawsuit. This is because there are other sets of rules and complexities. Employees must file a claim with the California Labor and Workforce Development Agency.

When filing the claim, the employee must also pay a $75 filing fee. There are several different exceptions in place that may waive the $75. 

When filling out this claim, the employee must provide as much information as possible. This includes specifics on when the violation occurred, how it happened, and all parties involved in the breach.

Contact A Los Angeles Private Attorneys General Act Attorney Today

Many employees are unaware that they can file a lawsuit against their employer for violations.

Our attorneys work diligently to ensure that our clients receive the care they need. Contact us today to learn how you can hold your employees accountable for violating labor codes.