PAGA Claims in California: What Every Employee Needs to Know
If you seek to hold your employer accountable for illegal labor practices that affect you and your coworkers, you can file a complaint under California’s Private Attorneys General Act of 2004 (PAGA). With a PAGA lawsuit in California, you can assist the state in holding your employer accountable for its violations of labor laws. And if your lawsuit is successful, that could mean a financial reward for you.
Maintaining a PAGA lawsuit can be challenging, so enlisting a knowledgeable attorney’s help is crucial. Bibiyan Law Group, PC can provide you with award-winning and aggressive advocacy that can help you take on any employer that disrespects the rights of its workforce. Speak with a California employment attorney today!
What Is a PAGA Lawsuit?
With a PAGA lawsuit, an aggrieved employee can help the State of California enforce its labor code against employers who fail to comply with the law. As a PAGA claimant, you can recover compensation for yourself, the State of California, and your fellow employees.
You are an aggrieved employee with a right to initiate a PAGA claim if your employer violates labor laws regarding the following issues:
- Hours, and
- Hiring practices.
The above list of labor matters covered by PAGA is not exhaustive, and you should speak to one of our attorneys about whether this legal option is appropriate for the challenges you have faced in your workplace.
How Do I Start a PAGA Lawsuit in California?
To file a PAGA lawsuit, you must submit your new claim notice to California’s Labor and Workforce Development Agency (LWDA). You also must send a copy of your claim notice to the opposing party by certified mail. For most, this filing process includes a $75 filing fee, but some claimants can submit paperwork for a fee waiver. The state requires that you submit all of your claim paperwork and fee payments online.
After you submit your claim, LWDA has 60 days to review your submission. And if you file a PAGA lawsuit in court, you have to send a file-stamped copy of your complaint to the LWDA.
What Can I Win in a PAGA Lawsuit?
If you win your PAGA lawsuit, your employer must pay civil penalties for its violations. Of these penalties, you and the other aggrieved employees receive 25%, and the other 75% is paid to the LWDA to cover enforcement, education, and administrative costs associated with PAGA. Under PAGA, employers are liable for the following penalty amounts:
- If the employer does not have one or more employees, $500; and
- If the employer has one or more employees, $100 per aggrieved employee for an initial violation and $200 per aggrieved employee for each subsequent violation.
Depending on the size of your employer’s workforce and its history of labor code violations, your recovery in a PAGA lawsuit could be substantial.
Is There a Time Limit for Filing a PAGA Claim?
Yes. The PAGA claim statute of limitations is one year from the time your employer commits a labor code violation. To ensure that your claim is timely filed, you should speak to a knowledgeable attorney as soon as you discover your employer’s failure to comply with the law. Our attorneys at Bibiyan Law Group can help you win your claim and recover the maximum amount of compensation available.
Speak to One of Our Attorneys Today
When you take your employer to task for its infringement of state labor laws, you help yourself, your coworkers, the public, and the state. And our top-rated attorneys at Bibiyan Law Group want to support you in your efforts to keep California employers honest. We are highly experienced in California employment law, and we have recovered millions for our clients year after year.
If you have a workplace dispute or concern, you should call us. There is no harm in telling us your story and seeking our advice. We do not charge you unless we win, and we are ready to fight for your rights, no matter how complex your employment issue might be. You can call us at
310-438-5555 or contact us online to schedule a free consultation.