In the state of California, the Private Attorney General Act (PAGA) allows employees to file lawsuits against their employers for violations of labor laws. This type of action allows employees to act as private attorneys general, and lets them pursue civil penalties as if they were acting as a state agency.
These cases must be approached differently than a normal lawsuit, and the Younglove Law Firm is standing by to help when you need a San Diego PAGA attorney.
The process of filing a PAGA lawsuit is different from other wage and hour violation issues in the state. Wronged employees must begin this process by filing a claim with the California Labor and Workforce Development Agency online. It is important to point out that a skilled California labor law attorney will be incredibly beneficial throughout this entire process.
A PAGA claim must include specific information, such as:
Your attorney can help file this claim. The Agency will then investigate the incident and has the opportunity to pursue its own case against the employer. If the Agency decides not to pursue a claim, then the aggrieved employee can file a PAGA lawsuit.
Under California law, PAGA cases may be filed under three different types of labor violations. This includes the following:
Any worker who has been impacted by these violations are allowed to pursue a PAGA claim in California. Aggrieved employees have one year from the last alleged labor law violation to file their PAGA claim. If successful, workers may be able to recover various civil penalties from the employer. The compensation recoverable in these cases will vary from compensation awarded in a typical hour or labor dispute.
In a PAGA case, the employer’s initial violation carries a $100 penalty per employee, per pay period. Subsequent violations are $200 per employee, per pay period. The total penalties can accumulate quickly. For example, if a major company has decided not to allow their employees to take breaks (a violation of California labor law) and 1,000 employees are affected, and this has gone on for 30 pay periods, the first violation for every employee is $100. The remaining 29 violations for each employee carry $200 penalties. In this case, the company would be assessed $5.9 million in total penalties.
In these cases, the person bringing the PAGA claim can receive up to 25% of the penalties, and this portion will be split amongst the employees who were affected by the labor law violations.
If you or somebody you love has been the victim of a labor violation in the workplace, you may be thinking about filing a PAGA claim. At the Younglove Law Firm, we are ready to help you get through this.
These cases are not simple, but they can be won. With assistance from our qualified and experienced team, we want to help you recover the compensation you are entitled to. When you need a San Diego Private Attorney General Act attorney, you can contact us for a confidential consultation of your case by clicking here.