PAGA (Private Attorneys General Act)
The Private Attorneys General Act lets a California employee sue an employer for Labor Code violations on behalf of the state, recover civil penalties, and keep a share of the recovery. PAGA effectively deputizes employees to enforce California's wage-and-hour and labor laws when the Labor and Workforce Development Agency cannot or will not.
KEY TAKEAWAYS
- PAGA at Lab. Code §2698 et seq. deputizes employees to sue for civil penalties on the state's behalf for Labor Code violations.
- Aggrieved employees must give written notice through the LWDA portal and wait 65 days before filing; employer cure rights cover certain violations within 33 days.
- Civil penalties run $100 per pay period per employee for initial violations and $200 for subsequent ones; state keeps 65%, employees split 35%.
- One-year statute of limitations from the last violation under CCP §340(a); the 2024 PAGA reform narrowed standing and added cure rights.
PAGA sits at Lab. Code §2698 et seq. Before filing in court, the employee (the "aggrieved employee") must give written notice to the LWDA and the employer through the LWDA's online portal and wait 65 days. The employer can attempt to cure certain violations within 33 days. If cure is unavailable or rejected, the employee can sue in California Superior Court.
Example: A delivery driver at a regional logistics company is not paid for the 10 minutes of pre-shift vehicle inspection his dispatch supervisor requires daily. He brings a PAGA action for unpaid wages and meal-period violations under Lab. Code §§510, 226.7, and 1194 on behalf of every similarly situated driver. Civil penalties run $100 per pay period per employee for initial violations and $200 for subsequent ones. The state takes 65 percent of the recovery, the employees split 35 percent.
The 2024 PAGA reform package narrowed standing and added employer cure rights, so the procedural posture matters. The statute of limitations is one year from the last violation under CCP §340(a). A consultation with a California wage and hour lawyer can identify whether your situation fits PAGA, a class action, or both.
From our practice: Post-2024 reform, the PAGA cases that still work are the ones where the named plaintiff was personally affected by every Labor Code violation pleaded. Plaintiffs trying to bring claims they did not experience get knocked out at the standing stage. We pre-qualify the named plaintiff against every code section in the LWDA notice before filing, which avoids losing half the case on a motion the defense will inevitably bring.
Attorney Advertising. Page reviewed by David M. Safvati, CA Bar #326605. This advertisement is the responsibility of Westview Law PC.
