By filing a PAGA claim, you can act as a private attorney general.
In the not-too-distant past, there were few laws in place to protect workers. Employees were locked into factories, children worked long hours in dangerous conditions, and workers often were paid exceptionally low wages for hard work. Fortunately, that reality changed — and now a host of federal and state laws provide protection for workers. From child labor laws to workplace safety rules to wage and hour regulations, there are a range of laws that reduce the potential for employers to exploit their workers.
Of course, just because these laws exist doesn’t mean that employers follow them. A company may intentionally misclassify an employee as an independent contractor in order to avoid paying benefits. A restaurant may have its staff clock out for meal breaks, but then require them to work anyways when busy. How can employees get justice if their employers engage in these and other types of labor law violations?
One option is to use the Private Attorney General Act, or PAGA, to file a lawsuit against your employer for labor violations. According to a California employment lawyer, this type of lawsuit is different than a civil action. An individual who files a PAGA claim is acting as a private attorney general, and can pursue civil penalties as though they were a state agency.
Under PAGA, any “aggrieved” employee can file a lawsuit against their employer. A person is considered aggrieved if they have suffered from one of their employer’s labor violations, such as a company refusing to pay overtime wages with federal and state law. Importantly, if a worker files a PAGA claim, they are entitled to recover damages for all of their employer’s labor law violations — not just the ones that affected them.
The following labor violations may be subject to a PAGA lawsuit:
- Violations of California’s health and safety regulations;
- Violations of California’s Labor Code that are specifically listed in the PAGA statute; and
- Any other violation of California’s labor laws.
In some cases, employers require employees to sign contracts in which they give up their right to sue, and instead agree to take any disputes to arbitration. As a California employment lawyer can explain, these contracts are unenforceable when it comes to bringing a PAGA claim. In these cases, the worker is acting on behalf of a state agency — and cannot waive the state’s right to sue without the state’s consent.
Filing a PAGA lawsuit is different than filing other types of claims. The process starts with filing a claim with the California Labor and Workforce Development Agency; this claim must be filed within 1 year from the last alleged labor law violation. These claims must be filed online. A PAGA claim must state the basic facts of the alleged violations, what labor laws have been violated, and list the aggrieved employees. The claim must be served on the employer via certified mail.
At this point, the employer is on notice of the claim. The Agency then has 65 days to investigate and pursue a claim on its own. If it chooses not to pursue the claim, then the aggrieved employee can file a lawsuit on behalf of themselves and other affected employees.
If a PAGA lawsuit is successful, then the aggrieved employee may recover civil penalties. Most (75%) of these penalties will go to the State of California. The remainder will be split among aggrieved employees.
PAGA claims can be complicated, and may not always be the best choice in a particular situation. A California employment lawyer can help you determine your options if your employer has violated California labor law. Contact PLBH today at (800) 435-7542 or info@plblaw.com to schedule a consultation with a member of our experienced legal team.