The Private Attorney General Act allows California employees to initiate lawsuits against their employers for breaking labor rules. The employees must adhere to pre-filing specifications in order to accomplish this. All of this must be completed before the statute of limitations has run out.
A person has one year from the date of the last labor infraction that is the basis of their claim to file a PAGA claim, which is known as the statute of limitations. The PAGA claim will be thrown out if the statute of limitations expires. Read on to learn more and then contact PLBSH at (800) 435-7542 if you need assistance from an employment law attorney.
What is a PAGA claim?
The Private Attorney General Act is a California statute. It enables employees to file a lawsuit on behalf of the Attorney General. It was passed in 2004 to strengthen the enforcement of California’s labor laws.
Qui tam claims are the basis of these litigation. They don’t go after financial recompense for the worker who was wronged. The claims instead go after the civil fines that the company would be required to pay for the labor infraction. Workers who have experienced a labor violation against their company may file a PAGA claim.
Aggrieved employees must meet notification criteria in order to submit a PAGA claim. These conditions must be met within a year after the claimed labor infraction.
What are the notification requirements?
Aggrieved employees must submit a PAGA notice in order to begin a PAGA claim. A PAGA notification is a formal complaint to the California Labor and Workforce Development Agency. It must be submitted to the Agency online. The employer must receive it via certified mail.
The notification must include a description of what transpired, a list of the employees that were offended, and the California labor regulations that were broken. Neither a comprehensive factual account of what occurred nor a list of the offended employees are required. The PAGA notice, however, must be more than just a list of breaches devoid of any supporting evidence.
The PAGA notice that is issued to the employer via certified mail informs them about the claim. The PAGA notice that was given to the Agency offers them the chance to step in. The claim may be looked upon by the Agency. It has 65 days to decide. The aggrieved employee may bring a lawsuit on their own if the employer chooses not to step in. That action would proceed as a representative claim. This is comparable to a class action.
The aggrieved employee now has 60 days to revise their grievances. He or she may add more labor infractions.
How long do I have to file a PAGA lawsuit?
Employees have one year to file a PAGA notice. This is the PAGA claims statute of limitations. On the day of the last labor infraction specified in the claim, the year officially begins. The 65 days that the Agency needs to consider an intervention are not included in this one year. Additionally, it excludes the 60-day window that displeased employees have to revise their complaint.
To learn more or to find out what your legal recourse is if you have suffered unlawful behavior by your employer, contact PLBSH at (800) 435-7542 for a free legal consultation.