California Private Attorneys General Act Lawyers
Pleasanton firm provides guidance for company management and employees
The State of California has a strong interest in enforcing labor and employment law. Like other states, it has enacted a Private Attorneys General Act (PAGA), empowering workers to bring legal action for violations of their rights and to share in the fines and penalties assessed. At Garcia & Gurney, A Law Corporation in Pleasanton, our lawyers have extensive experience in PAGA litigation. We draw on decades of experience to provide robust representation for plaintiff workers as well as defendant companies.
The background of California’s PAGA legislation
Prior to PAGA, enacted in 2004, the California’s Labor and Workforce Development Agency (LWDA) struggled to address widespread Labor Code violations, leaving many employees without recourse. PAGA built on earlier whistleblower laws but went a step further, allowing employees to sue on behalf of the state and collect a reward for successful prosecution. Since PAGA’s inception, legal actions have recovered billions in penalties for the state and millions in rewards for plaintiff workers.
How PAGA allows employees to file lawsuits
PAGA enables an employee with a grievance to step into the shoes of the state attorney general and file a lawsuit alleging the employer’s Labor Code violations. The suit can seek civil penalties only (not individual damages). Common matters of dispute include:
- Wage theft
- Missed breaks
- Misclassification
- Unsafe conditions
PAGA permits lawsuits on behalf of the employee and other affected workers and the State of California.
The process for legal actions under PAGA
To initiate a PAGA claim, the aggrieved employee must send a written pre-filing notice to the LWDA and the employer, detailing the alleged violations, the employee affected and legal basis. This notice triggers a 65-day waiting period for the LWDA to intervene (taking over the prosecution). If the LWDA declines, the employee can file a lawsuit in superior court. Discovery, motions and potential trials follow standard civil procedure. Settlements require LWDA approval to ensure fairness.
Remedies available under PAGA
PAGA remedies include civil penalties, typically $100 per employee per pay period for initial violations and $200 for subsequent ones. When a lawsuit is successful, 65 percent of assessed penalties go to the LWDA and 35 percent are shared among the aggrieved employees. Successful plaintiffs also can recover labor attorney fees and costs. PAGA does not award compensatory damages but punishes violations through substantial fines, which can be in the millions for large employers.
Why PAGA cases often become class actions
PAGA claims can evolve into class actions when widespread violations affect numerous employees. While PAGA is representative (not requiring class certification), plaintiffs can combine it with class action claims for individual damages under the same facts. This hybrid approach leverages PAGA's penalty structure with class actions' compensatory relief.
How bringing a PAGA suit can impact a worker's employment
California law prohibits employers from retaliating against workers for filing PAGA actions by firing, demoting or harassing them. However, workers might experience subtle reprisals (e.g., reduced hours). Successful suits can improve workplace conditions but strain relationships. Our attorneys advise management and workers on issues related to retaliation to ensure matters do not escalate further.
Contact our Pleasanton attorneys for trustworthy PAGA representation
Garcia & Gurney, A Law Corporation in Pleasanton represents companies and employees in litigation under California’s Private Attorney General Act. To schedule a consultation with an experienced labor and employment attorney, call us at 925-468-0400 or contact our office online.
