Private Attorneys General Act (PAGA)
Under the Labor Code Private Attorneys General Act (PAGA), private attorneys are empowered to represent aggrieved employees in filing lawsuits to recover substantial civil penalties on behalf of themselves, other employees, and the State of California for violations of the Labor Code. This important statute ensures that employees have a powerful legal tool to seek justice for labor infractions. PAGA plays a crucial role in protecting workers’ rights in California, by allowing employees to file Class-Action lawsuits against their employers for violations of State Labor Laws, ensuring that workers can “collectively” seek justice and hold employers accountable.
A Brief History of the Law
In the early 2000’s, the California State Assembly and Employment Committee held hearings about the efficiency of the enforcement of wage and hour laws by the State Department of Industrial Relations. The Senate Rules Committee reported that the Legislature appropriated over $40 million dollars to the State Labor Commission for the enforcement of over 300 laws, and that the Department of Industrial relations was the largest state labor law enforcement agency in the country. Consequently, SB 796, or the “PAGA Bill” was introduced to augment civil enforcement efforts by allowing employees to sue employers for civil penalties.
The PAGA Bill set to allow disgruntled workers to bring forth civil actions to obtain penalties. Penalties obtained through these actions would be allocated to the General Fund (50%), the employer for education (25%), and the disgruntled employee (25%). Additionally, disgruntled employees would have the right to seek compensation for attorney’s fees and under certain circumstances, penalties. For violations of the Labor Code in which no civil penalty has yet been established, the bill would set civil penalties for the employer’s failure to abide by the Labor and Workplace Development Agency.
Understanding PAGA
In 2004, the Private Attorneys General Act (PAGA) was established to address the California Labor and Workforce Development Agency’s (LWDA’s) limited enforcement capabilities. The legislative measure permits harmed employees to take on the role of the state labor agency by bringing lawsuits for themselves and their colleagues who have endured similar labor law breaches. Further, it empowers workers to seek civil penalties for violations of various state labor statutes, including those related to wages, overtime, meal and rest breaks, and other working conditions.
The Significance Of PAGA
PAGA is a powerful tool for workers in California, ensuring that employers are held accountable for violating labor laws. It helps address the resource constraints faced by the LWDA, allowing workers to act as private attorneys general and pursue claims on behalf of the state and other affected employees. By enabling class-action lawsuits, PAGA maximizes the impact of individual claims and encourages employers to comply with labor laws to avoid potentially substantial penalties.
Benefits Of Private Attorneys General Act (PAGA)
Collective Action: PAGA enables workers to come together and file class-action lawsuits, pooling their resources and strengthening their claims. This collective action has a more significant impact and sends a strong message to employers that violations of workers’ rights will not go unnoticed or unpunished.
Increased Deterrence: PAGA imposes substantial penalties on employers who violate labor laws, including civil penalties for each violation per employee. The potential for significant penalties serves as a deterrent, encouraging employers to prioritize compliance and protect the rights of their workers.
Compensation for Workers: Successful PAGA claims can result in financial compensation for affected employees. These monetary awards can help workers recover unpaid wages, overtime, meal and rest break premiums, and other damages resulting from labor law violations.
Basic Framework of Private Attorneys General Act (PAGA)
In accordance with the California Labor Code §2699(a), PAGA deputizes current and former employees in the state to sue to recover civil penalties on behalf of the state. To file a successful claim, the disgruntled employee will only need to demonstrate that the violation occurred, not that the employee him or herself was directly affected by the violation. There are three (3) categories of violations under PAGA, and each has its own penalty.
Category One: Violations of Labor Code Provisions Specifically Listed under Labor Code Code Code §2699.5
There are over 150 different types of violations listed in this first category. Before a claim can be filed based on Category One, the claimant must satisfy certain notice requirements. As a result of the low standard for sufficiency, PAGA lawsuits are rarely dismissed. The claimant must provide a written notice describing the alleged violations, including the facts that support the allegations. After receiving the claim, if the Labor & Workforce Development Agency declines to investigate the case or fails to respond, the claimant can proceed to file the lawsuit seeking PAGA penalties.
Category Two: Health and Safety Violations Listed Under Labor Code §6300
In addition to sending a claim notice to the Labor & Workforce Development Agency and the accused employer, the worker will also need to file a health and safety based notice with the Division of Occupational Safety and Health. This agency will then decide as to whether to investigate the claim or not. If the claim is investigated and a citation is issued, the worker cannot begin civil action under PAGA. On the other hand, if the citation is not issued, then the disgruntled worker can appeal to the Superior Court for an order directing the agency to file a citation.
Category Three: All Other Labor Code Violations
This third category covers all other Labor Code violations other than those already covered by the first two categories. This can include wage violations or the lack of obtaining the employer’s legal name and address.
Examples Of Labor Code Violations
- Meal and Rest Breaks (failure to provide timely, uninterrupted, and duty-free break periods)
- Suitable Seating
- Wage and Hour Violations (improper calculation of overtime; payment below minimum wage; incorrectly calculated bonuses; non-complying wage statements)
- Reimbursememt of Business Expenses
- Miscalculation of Employees (improperly classifying employees as independent contractors or exempt from overtime, resulting in lost wage protections)
- Improper Final Paychecks (issues with the timely payment of all wages and accrued vacation time upon an employee’s separation from employment)
Recent Employment Settlements for Our Clients, Under (PAGA)
SANFORD A. KASSEL, A Professional Law Corporation has a proven track record of successful settlements under the Private Attorneys General Act (PAGA)
$11,200,000
Rodriguez vs. Walmart, Inc.
$750,000
Ahmadie vs. Lowe’s Home Centers, LLC
$1,200,000
Illman vs. DAV, Inc.
$1,890,000
Torres vs. Walt Disney Parks and Resorts
Experienced Legal Counsel Can Be of Great Help with PAGA Claims
Remember, PAGA ensures that California workers are treated fairly and that employers uphold their legal obligations. With the help of the right lawyer, you can assert your rights while making a difference by contributing to a more equitable working environment for yourself and your fellow employees.
Filing a PAGA claim can be a complex and challenging process. It requires a thorough understanding of labor laws, gathering of evidence, and navigating legal procedures. That’s where SANFORD A. KASSEL, A Professional Law Corporation comes in. Our firm’s expertise in employment law and experience with handling PAGA claims, has given us the skill sets to successfully guide and represent workers throughout the entire process. SANFORD A. KASSEL, A Professional Law Corporation, is a trusted ally for individuals navigating PAGA claims.
If you believe your workplace rights have been violated or suspect any potential labor law violations, never hesitate to take action; consult a seasoned employment litigation attorney immediately. Obtaining the aid of a competent and experienced employment law lawyer is of utmost importance when handling a PAGA claim. We can effectively evaluate your case, inform you of your entitlements, and assist you with the filing procedures. Rest assured that our attorneys will work tirelessly to safeguard your rights and pursue the compensation you rightfully deserve.
Highly Successful In Settlements And At Trial
At SANFORD A. KASSEL, A Professional Law Corporation, we are dedicated to ensuring that you receive the best possible outcome for your losses. We will fight hard to get you the compensation you deserve. From our San Bernardino-based offices, our legal team has the staff and resources for handling PAGA cases for Californians, Statewide.
The seasoned litigators at SANFORD A. KASSEL, A Professional Law Corporation bring nearly 70 years of legal excellance, dating back to 1957 when Philip A. Kassel opened his first law practice in San Bernardino, CA. Sanford A. Kassel and Gavin P. Kassel are 2nd and 3rd Generation Trial Attorneys representing those who have been injured due to the negligence of another, or treated unfairly in the workplace.
Our Employment Law Attorneys are highly respected within the legal community and have successfully represented thousands of California workers who have been wronged by their employers. From our Inland Empire Offices, the legal team at SANFORD A. KASSEL, A Professional Law Corporation, is prepared to handle PAGA cases throughout the State of California. We work with a team of top-notch legal experts to ensure that each client has the best possible representation. Contact our office to speak with one of our PAGA lawyers. We will answer your questions, and give you an honest assessment of your case.
Whatever your legal dilemma, you don’t have to go it alone. When you speak with one of our highly-trained and trusted Plaintiff’s Attorneys, we will listen to the facts, answer your questions and give you an honest assessment of what your options are, including a plan on how to proceed. We work with a team of top-notch legal experts to ensure that each client has the best possible representation. We can help you sort through the issues of this difficult situation, and advise you what the best course of action will be. Let the highly-experienced legal team at SANFORD A. KASSEL, A Professional Law Corporation, help you safeguard your rights and achieve the justice you deserve.
Most of our cases are taken on a contingency basis, which means you do not pay for our services unless we collect a settlement (or obtain a judgment at trial) for you.