Any employee who wishes to file a lawsuit against their employer for a labor violation must know how a Private Attorneys General Act (PAGA) lawsuit operates. Here is everything an employee needs to know about a PAGA lawsuit.
PAGA allows any employee who feels they have been subject to a potential California Labor Code violation to file lawsuits on behalf of themselves and other employees. This Act grants a substantial new power for every employee. Now, employees can pursue civil penalties on behalf of themselves, their coworkers, and the California Labor Workforce Development Agency (LWDA). A PAGA lawsuit entitles employees with more power to enforce their rights in the California Labor Code than ever before.
What is a PAGA Lawsuit?
A PAGA lawsuit allows an employee to seek civil penalties against their employer with the same power that a state agency has. To file a PAGA lawsuit, an employee must be filing for a violation of the California Labor Code on either the behalf of themselves, another employee, or the LWDA. An employee could file a PAGA lawsuit for:
- Violations of the California Labor Code that are specifically stated in the statute
- Violations of California’s health and safety regulations
- Any other violation of California’s labor laws
How to Apply for a PAGA lawsuit
Any employee who chooses to file a lawsuit under PAGA must follow the guidelines listed in Labor Code Sections 2698-2699.5 These guidelines instruct an employee on how to correctly apply for a claim and submit it to the LWDA. Here are the requirements an employee must abide by when applying for a PAGA case:
- The PAGA case must be filed online.
- The PAGA case can be filed here. A copy must also be sent by certified mail to the employer.
- All employer notices or responses must be filed online.
- A copy of the response(s) must also be sent by certified mail to the employee or the employee’s representative.
- There is a $75 filing fee for a new PAGA claim and any initial employer response to a new PAGA claim notice.
- This filing fee can be waived if the filing party is entitled to in forma pauperis status. (Note: this status must be granted by the court after deciding that the individual is without the funds to pursue the normal costs of a lawsuit and therefore is entitled to the waiver of normal costs).
- A filed-stamped copy of the complaint must be provided to LWDA when filing a new PAGA lawsuit in court.
- Any settlement of a PAGA action must be provided by the court, whether or not the settlement includes an award of PAGA penalties.
- A copy of the proposed settlement must be provided to LWDA at the same time that it is submitted to the court.
- All items that must be submitted to the LWDA must be submitted online.
- Further instructions for how to submit documents can be found here.
Additionally, after applying for a PAGA lawsuit, the Labor and Workforce Development Agency (LDWA) only has 60 days to investigate a notice before deciding to file suit. The LDWA is required to send a notice when it decides not to investigate a notice that is submitted. However, if the LDWA does not respond within the specified time limits, an employee is authorized to file suit.
Related: Wrongful Termination Laws in California
Penalties for PAGA Cases
An employer can face severe financial and civil penalties for a PAGA case that has been filed against them and proven that they violated California law. The first labor violation is a civil penalty of $100 per employee, per pay period. Any additional violation is $200 per employee, per pay period.
However, it is important to note that only 25% of these penalties actually go directly to the employee bringing the PAGA case forward, the remaining 75% goes to the LWDA. Therefore, PAGA lawsuits do not directly compensate employees for lost wages. An employee looking for reimbursement of lost wages must file a wage claim, which can be done here. Both a PAGA claim and a wage lawsuit are commonly submitted together.
Related: How to File an Employment Discrimination Complaint
Contact Us
If you or a loved one is looking to file a PAGA lawsuit, contact us. We’ll get you a free consultation with one of our California Employment Attorneys today!