Published by Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
PAGA lawsuit is specific to California and isn’t actually a lawsuit but a statute. The purpose of PAGA is to help workers file lawsuits against their employers.
If you or a loved one have experienced workplace violations under California's Private Attorneys General Act (PAGA), you may be entitled to pursue compensation.
At Schmidt & Clark, LLP, we are dedicated to helping employees who have suffered due to labor law violations. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.
What Is PAGA Lawsuit?
PAGA is a California statute that helps workers sue their employers for labor violations. PAGA stands for Private Attorney General Act and was enacted in 2004 [1].
This statute was brought to life because state agencies had issues enforcing California labor laws. Under PAGA, employees act as private attorneys general, essentially pursuing civil penalties on behalf of the California attorney general for violations of the California Labor Code.
PAGA isn't a normal lawsuit, but it's a lawsuit for compensation and a type of law enforcement action where employees can pursue civil penalties for all of the employer's labor violations, not only the violation that directly affected them.
“The Labor Code Private Attorneys General Act (PAGA) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. Those who intend to pursue PAGA cases must follow the requirements specified in Labor Code Sections 2698 - 2699.5.” California Department of Industrial Relations
Latest PAGA Lawsuit Updates
- February 7, 2025 - Schmidt & Clark, LLP is not currently accepting PAGA cases and has posted this content for information purposes only. The firm encourages individuals who feel they might have a case to seek a qualified attorney.
- August 2024 - Recent California Supreme Court rulings have clarified that 75% of penalties in successful PAGA claims go to the state of California, with 25% going to aggrieved employees.
- June 2024 - New legislation has been proposed to streamline the PAGA filing process, potentially reducing the current 30-60 day review period by the Labor and Workforce Development Agency.
California PAGA Reports and Statistics
The California Labor and Workforce Development Agency reports significant data regarding PAGA claims:
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Record-High Filings in 2023: Employees filed 5,117 PAGA lawsuits in 2023, marking the highest number on record and an increase of 863 cases from the prior year.
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Monthly Filing Trends: The number of PAGA notices steadily rose throughout 2023, growing from 495 filings in January to 766 in October, with a slight decrease in December [2].
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Comparison to Previous Years: There was a 20% increase in PAGA complaints in 2023 compared to 2022, with over 5,000 complaints filed in 2023 [3].
- Related Article: Litigation vs Arbitration: What's the Difference?
Common PAGA Violations & Employee Rights
Three violations lead to a PAGA claim according to the Private Attorney General Act:
- Violations of the California Labor Code specified in the PAGA statute
- Violations of California's health and safety regulations
- Other violations of California's labor laws
Here are some of the most common examples of California Labor Code violations:
Wage and Hour Violations:
- Wage theft
- Not paying wages on time
- Not paying minimum wages
- Not paying overtime
- Not correctly calculating overtime rates
Meal & Rest Break Violations:
- Not providing rest breaks
- Interrupting rest breaks
- Not providing meal breaks
- Interrupting meal breaks
- Demanding that employees stay on premises during rest breaks
- Not providing second or third meal breaks
Documentation and Record-Keeping Issues:
- Not providing paystubs
- Not recording the actual time the employee worked
- Falsifying time records
- Not keeping personnel files
Other Workplace Violations:
- Not paying for drive time
- Not paying for work-related cell phone usage
- Not reimbursing business expenses
- Not providing personal protective equipment
- Requiring managerial employees to work more than half of their time on the same duties as hourly employees
Do You Qualify for a PAGA Lawsuit?
You may qualify for a PAGA lawsuit if:
- You worked for a California employer at any time in the past year.
- You suffered from one or more of the employer's labor violations, such as wage theft, unpaid overtime, denied meal/rest breaks, or other California Labor Code violations.
- You can provide evidence of your employment and the violations that occurred.
- You file within one year of the last labor code violation.
Evidence Required for a PAGA Lawsuit
To successfully file a PAGA claim, you'll need to provide specific information:
- Basic facts about the California labor code violation
- Which laws were violated exactly
- Which employees were affected by the labor code violation
- Employment records, pay stubs, and time sheets documenting the violations
- Any internal complaints or HR reports you've filed about the workplace violations
Damages You Can Recover
In a successful PAGA claim, you can recover [5]:
- Civil penalties (25% of the total penalties assessed against the employer)
- First violation: $100 per pay period per employee
- Subsequent violations: $200 per employee per pay period
- Court costs and attorney's fees
Note: You can't recover lost wages, pay for overtime work, or other direct damages in PAGA. These would require a separate lawsuit.
PAGA Settlements & Compensation
If your PAGA claim is successful, you can get penalties distributed as follows:
- 75% of penalties go to the state of California, according to California Supreme Court
- 25% of penalties go to the aggrieved employee who filed the claim (in case several employees were affected by the labor violation, they split the money)
- The employer is also required to pay court costs and all attorney's fees
PAGA penalties can accumulate quickly, especially if violations have been ongoing for some time, potentially resulting in substantial settlements.
Statute of Limitations for PAGA Lawsuits
Employees have one year from the last labor code violation to file PAGA. If you miss this deadline for PAGA lawsuits, you won't be eligible for any damages.
Before filing a lawsuit, you must first notify the California Labor & Workforce Development Agency (LWDA) through their official website. The LWDA has to review the notice within 30 to 60 days of filing, and all PAGA claim settlements have to be approved by the court.
In case the state labor commissioner doesn't take action within 60 days after you filed PAGA claims, you can file a lawsuit within one year of the last subsequent violation.
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FAQs
1. How long does the legal process take?
The legal process can take from 30 to 60 days for the LWDA to review your notice. If they don't take action, you can file a lawsuit within one year of the last violation. The entire process, including potential settlement negotiations and court approval, can take several months to over a year.
2. What does PAGA allow employees to sue for?
PAGA allows employees to sue for violations of the California Labor Code, California's health and safety regulations, and other violations of California's labor laws.
3. How does PAGA differ from class action lawsuits?
PAGA is a representative lawsuit where you represent yourself and all other wronged employees. Unlike class actions, PAGA allows you to pursue claims even if your employment contract has an arbitration clause or waives your right to join a class-action lawsuit, as these waivers are not enforceable for PAGA claims.
4. Can I file a PAGA claim if my contract requires arbitration?
Yes, you can file a PAGA lawsuit even if your contract requires arbitration. Neither of these waivers is enforceable if you want to file a PAGA claim, as they violate public policy.
5. What does the California Department of Labor do?
The California Department of Labor makes sure employers follow the California Labor Law, promotes economic justice, and helps aggrieved employees recover civil penalties [6].
6. How does a PAGA lawsuit benefit employees?
A PAGA lawsuit benefits employees by enabling them to hold employers accountable for labor code violations. Employees can seek penalties and recover compensation, while also promoting compliance and improving workplace conditions for all employees.
Take Action Now: Time-Sensitive Legal Claims
The deadline to file a PAGA lawsuit is one year from the violation, so do not delay. We offer free consultations with no upfront costs—you only pay if we win your case.
PAGA empowers employees to hold employers accountable. If you have experienced workplace violations, filing a PAGA claim can help you seek justice.
However, it's difficult to understand the filing procedure if you aren't a lawyer, and there's a chance you may file a document incorrectly. Plus, you'll have to represent yourself and all other wronged employees. That's why you should hire a lawyer.
Schmidt & Clark, LLP lawyers have years of experience in PAGA claims. We can guide you through each step of the process and help you get penalties due to you.
Take action now. Contact us today for a free case evaluation.
References:
1.https://oag.ca.gov/
2. https://www.shrm.org/topics-tools/employment-law-compliance/california-class-action-trends
3. https://www.reuters.com/legal/legalindustry/employers-benefit-taking-prompt-action-cure-labor-violations-face-newly-amended-2024-09-25/
4.https://www.labor.ca.gov/resources/paga/
5..https://www.natlawreview.com/article/heightened-paga-penalties
6.https://www.dir.ca.gov/dlse/