In the past, workers had limited legal protection. Instances of forced labor, child exploitation, and poor wages were widespread. Fortunately, a plethora of federal and state laws have since been established to safeguard workers’ rights. These range from child labor laws and workplace safety regulations to wage and hour directives.
However, the mere existence of these laws does not guarantee compliance by employers. Employers may employ various tactics to evade responsibilities such as classifying an employee as an independent contractor to dodge benefit payments. This begs the question: how can employees seek justice when employers violate labor laws?
The Private Attorney General Act (PAGA) provides one such solution. It allows aggrieved employees to file lawsuits against their employers for labor infringements. Unlike traditional civil lawsuits, an individual filing a PAGA claim takes on the role of a private attorney general, enabling them to pursue civil penalties as if they were a state agency. Read on to learn more and contact PLBH at (800) 435-7542 if you have questions.
Understanding PAGA Claims
Under PAGA, any “aggrieved” employee can file a lawsuit against their employer. An employee is considered aggrieved if they have been affected by one of their employer’s labor law violations, such as refusing to pay overtime in compliance with federal and state laws. Notably, an employee who files a PAGA claim can recover damages for all of their employer’s labor law infringements, not merely those that directly impacted them.
A PAGA lawsuit could be based on the following labor law violations:
- Infringements of California’s health and safety regulations
- Violations of California’s Labor Code specifically mentioned in the PAGA statute
- Any other breaches of California’s labor laws
In certain instances, employers compel employees to sign contracts renouncing their right to sue, replacing it with agreement to resolve disputes through arbitration. However, these contracts cannot prevent an employee from filing a PAGA claim. In such cases, the employee acts on behalf of a state agency and cannot relinquish the state’s right to sue without the state’s consent.
How to File a PAGA Claim
The procedure to file a PAGA lawsuit differs from other types of claims. It begins with lodging a claim with the California Labor and Workforce Development Agency within one year from the most recent alleged labor law violation. These claims must be submitted online, detailing the basic facts of the alleged violations, identifying the breached labor laws, and listing the aggrieved employees. The employer must be formally notified of the claim via certified mail.
Upon receiving notice, the Agency has 65 days to investigate and, if necessary, take up the claim. If the Agency opts not to pursue the claim, the aggrieved employee can file a lawsuit on behalf of themselves and other affected employees.
Successful PAGA lawsuits allow aggrieved employees to recover civil penalties, with 75% allocated to the State of California and the remainder divided among aggrieved employees.
Given the complexities surrounding PAGA claims, they may not always be the optimal choice. An employment law expert can provide guidance on the best course of action if your employer has breached California labor laws. To discuss your case with a seasoned legal professional, contact our team today at (800) 435-7542 or schedule a consultation.