Private Attorneys General Act (PAGA)

What is the Private Attorneys General Act?

The Private Attorneys General Act (PAGA) is a California law that allows private individuals to file lawsuits on behalf of themselves and other employees for labor law violations. This act empowers employees to seek justice and civil penalties for violations of California’s labor laws, ensuring that employers are held accountable for their actions.

Who created the Private Attorneys General Act?

The Private Attorneys General Act (PAGA) was enacted by the California Legislature in 2004 and is codified in California Labor Code section 2698. This legislation was introduced to empower employees to enforce labor laws and hold employers accountable for violations.

What does the Private Attorneys General Act allow? 

The Private Attorneys General Act (PAGA) allows employees to file a lawsuit against their employers for any violations to the labor code.

For example, violations may include:

• Failure to Pay Minimum Wage: Employers must ensure that all employees receive at least the minimum wage as mandated by California law.
• Failure to Pay Overtime: Employers are required to pay overtime to non-exempt employees who work more than 8 hours a day or 40 hours a week.
• Failure to Allow Lunch Breaks: Employers must provide employees with a lunch break, typically a 30-minute unpaid break for every five hours worked.
• Failure to Allow Rest Breaks: Employees are entitled to a paid 10-minute rest break for every four hours worked.
• Misclassifying Employees: Employers may incorrectly classify employees as independent contractors to avoid paying benefits such as overtime. This misclassification is a violation of labor laws.
• Failure to Provide Sick Leave: Employers must offer sick leave to employees, allowing them to take time off when ill.
• Failure to Provide Family Leave: Employees are entitled to family leave for certain family and medical reasons, which employers must honor.

These examples illustrate common labor code violations that our attorneys frequently encounter. If your employer has violated the labor code in a manner not listed above, you may still have a claim.

To pursue PAGA cases, individuals must adhere to the guidelines outlined in Labor Code Sections 2698 – 2699.5. Speak with our experienced legal team today to discuss your situation and explore your options for seeking justice.

What should I do when filing a PAGA claim?

Filing a PAGA claim involves specific steps that must be followed to ensure your case is valid. Here’s what you need to do:

1. Notify the California Labor and Workforce Development Agency (LWDA): Before filing a lawsuit, you must notify the LWDA about the specific labor code violations committed by your employer. This notification must be detailed, explaining precisely how your employer violated labor laws.
2. Wait for LWDA Response: Once the LWDA receives your notification, they will review the information and decide whether to investigate the claim. The agency has 60 days to respond and may take action on their own if they choose to investigate.
3. Proceed Based on LWDA Action: If the LWDA decides not to investigate or does not respond within the 60-day period, they will notify you, allowing you to proceed with filing a lawsuit in court.
4. File the Lawsuit: If the LWDA gives you the green light, you can then file a PAGA lawsuit in court. Ensure you have all necessary documentation and evidence to support your claim.
5. Consult an Experienced Attorney: Given the complexity of PAGA claims, it’s advisable to consult with an experienced employment lawyer who can guide you through the process and help build a strong case.

Following these steps is crucial for a successful PAGA claim. Failure to properly notify the LWDA or provide detailed information about the violations can result in your inability to file a lawsuit. For personalized guidance and support, contact our legal team today.

Why was the Private Attorneys General Act created?

The Act was initially created to protect employees from mistreatment by their employers. This act asserts an employee’s rights and holds an employer accountable for any violations of the government code.

Can you settle a PAGA claim?

Yes, you can settle a PAGA action, but the court must approve it. Furthermore, parties have the right to collect penalties from the other party. When both parties settle a claim outside of court, a signed copy of the settlement must be filed with the court. Failure to file a signed copy with the court could result in the settlement not being finalized. There are several different types of requirements that you must have to meet in the event that you do settle. That is why we recommend having an experienced trial attorney on your side to make sure that all the paperwork is done properly and on time.

What are the most common Private Attorneys General Act claims?

The most common claims involve an employer failing to pay an employee the wages that they deserve. It is mostly wage and hour disputes. 

Who gets PAGA settlements? 

According to the California Chamber of Commerce, an employee’s settlement from a PAGA lawsuit is around $1,000 – $5,000. However, keep in mind that each circumstance is different, especially because each employee experiences a different situation at work.

How do you calculate PAGA claim compensation?

There is a specific formula used to calculate how much an employee has the right to be compensated. The formula is calculated by multiplying the initial violation penalty with the total number of employees within a year. This number is then added with the second violation penalty multiplied by the number of pay periods within one year. 

This formula could get somewhat complicated, which is why you should seek the advice of an experienced attorney.

What should I do during my Private Attorneys General Act attorney consultation?

• Please bring all the necessary paperwork regarding your employment, such as your employment contract and any other copies of your employer’s policies, to your consultation.
• If you have evidence of your employer denying wages, such as in an email or a text, we recommend that you bring in that type of documentation.

What do our Private Attorneys General Act attorneys do?

• We will file the lawsuit under the California labor codes provisions. There are specific requirements that you will have to meet when filing such a claim. 
• We have a strong understanding of California Labor laws to make sure that we represent you and your rights completely. We always work to make sure that no employee is taken advantage of by their employer. 
• We will represent you in trial in the event that both parties do not end up settling. our trial attorneys have extensive experience in employment law.
• We work on a contingency basis, which means that we only get paid in the event that we settle or win the case with the employer.

How can I file a Private Attorneys General Act claim?

• To file a claim, there are specific steps you can take to make sure that you follow through with all your responsibilities. These steps include: 
• Collecting evidence: Gather all the different types of evidence that you believe support your claim. For example, gather your pay stubs, employment contracts, and copies of any policies. 
• Before filing a claim, notify your employer in writing about the different violations that you believe your employer has violated in the California labor code.
• After you notify your employer, your employer has 33 days to fix the violations or to respond to the written letter.
• If your employer fails to take any actions or fails to respond to your letter, you must file the claim with the proper California agency.
• The agency will investigate the claims and determine if the employer or employee was responsible. 
• In the event that the agency determines that it will not be investigating the claim, you then have a right to file a lawsuit in Court. 

What damages could I receive for my Private Attorneys General Act claim?

When a Private Attorneys General Act claim is filed, an employee does not usually receive damages. The court will instead order the employer to pay an amount for the violations of the labor code.