PAGA Law Firm Representing Aggrieved Employees

What is PAGA?

PAGA is the Private Attorneys General Act of 2004. It allows employees to assist the State of California in enforcing its labor laws by allowing them to sue their employers on behalf of the State of California for violations of the California Labor Code to recover civil penalties as “Private Attorney Generals,” hence its name. 

Civil penalties assessed and collected under PAGA help deter unlawful conduct and encourage compliance with labor protections. These civil penalties are separate from and additional to other remedies, including damages, available for labor law violations through a separate non-PAGA lawsuit.

Employees may bring other types of claims instead of, or in addition to, a PAGA claim, such as filing a lawsuit in court to recover unpaid wages, statutory damages, and statutory penalties for certain Labor Code violations. 

Who can bring a PAGA lawsuit?

Employees can bring the action on behalf of themselves and other current and former employees, also known as “Aggrieved Employees.”  

Due to a change in the law in 2024, PAGA notices filed on or after June 19, 2024, require a current or former employee to have experienced each of the alleged violations of labor laws in order file a PAGA lawsuit for the specific violations of the labor code experienced.

For PAGA notices filed before June 19, 2024, a PAGA lawsuit may be filed by a current or former employee who has experienced at least one of the alleged violations of labor laws, and can bring other violations known to have been violated against other Aggrieved Employees, even if not experienced by the current or former employee bringing the lawsuit.

PAGA lawsuits for violations of the Labor Code can only be brought against private employers, not government employers.

What can be recovered in a PAGA lawsuit?

A PAGA lawsuit is for the recovery of civil penalties, the amount of which depends on the type of violation.  The penalties recovered by the state fund enforcement of labor laws and education of employers and employees about their rights and responsibilities under the Labor Code.

• For PAGA notices filed before June 19, 2024, the penalties are split between employees and the State of California, with 75 percent of the recovered penalties going to the State and 25 percent going to the aggrieved employees. 

• For PAGA notices filed on or after June 19, 2024, 65 percent of the recovered penalties goes to the State and 35 percent to the aggrieved employees. 

• For PAGA cases in which the notice and complaint were filed on or after June 19, 2024, the court may also order the employer to stop its unlawful action(s) or practice(s).

For PAGA notices filed on or after June 19, 2024, if an employer had taken all reasonable steps to comply with the law prior to receiving a PAGA notice, but a violation nonetheless occurred, the maximum civil penalty is 15 percent of the penalty sought.  If the employer takes all reasonable steps to be prospectively in compliance with the law within 60 days of the PAGA notice, the maximum civil penalty is 30 percent of the penalty sought.  Certain exceptions apply.

Our PAGA Representative Action Law Firm is Ready to Fight for You

PAGA representative action lawsuits are often more complex than the typical lawsuit. It’s important to hire an attorney who understands how these cases work and has experience with them. At Kluft Law, P.C. our PAGA representative action lawyers can provide representation for you and the Aggrieved Employees who have had their rights violated.

For more information, contact us today for a free consultation or call us at (626) 432-5422.