When Can a Person Bring a Lawsuit to Seek Review of an Administrative Agency
Who can file a PAGA claim in California?
The Individual Attorney General Act, or PAGA, is a California statute that enables workers to file lawsuits against employers for certain labor violations. Employees act as "private attorneys general." They can pursue ceremonious penalties as if they were a state agency.
Because it is a type of qui tam merits, the process and the damages for a PAGA claim are different than a normal lawsuit. Rather than a lawsuit for compensation, it is a type of law enforcement action. 1 2
The Private Attorney General Deed was enacted in 2004. It was written because country agencies were non able to make certain California'south labor laws were being enforced.three PAGA gives workers the ability to file a lawsuit on the behalf of the California Attorney General.
In this article, our California labor and employment lawyers explicate:
- 1. Who tin file a lawsuit under PAGA?
- 1.i. Can I file a PAGA lawsuit if my employment contract waives my right to sue?
- 2. What labor violations tin atomic number 82 to PAGA claims?
- 3. How can workers file a Private Attorney Full general Act lawsuit?
- four. How long do workers have to file a PAGA claim?
- 5. How are PAGA penalties calculated?
Employees can file PAGA claims for labor violations
1. Who can file a lawsuit under PAGA?
PAGA lawsuits can be filed past a company'south "aggrieved employees." A worker is an aggrieved employee if they take suffered from one of the visitor'south labor violations.4 Workers can, nevertheless, recover amercement for all of the visitor's labor violations, not just the ones that afflicted them.5
ane.1. Can I file a PAGA lawsuit if my employment contract waives my right to sue?
Aggrieved employees tin still file a PAGA lawsuit, even if they take signed away their right to sue in their employment agreement.
Many employment contracts in California require workers to take their disputes through arbitration. Near all of these contracts require workers to forgo their right to join a class action against their employer.
Neither waiver is enforceable when it comes to PAGA claims. Without the land's consent, a courtroom cannot enforce an arbitration understanding when the worker files a PAGA lawsuit.6 Explicit waivers of a worker'due south rights to file a PAGA claim are unenforceable in court because they violate public policy.7
2. What labor violations can lead to PAGA claims?
The Individual Attorney General Deed lists three types of labor violations that can atomic number 82 to a PAGA claim:
- Violations of the California Labor Code specifically listed in the PAGA statute,viii
- Violations of California's health and safety regulations,nine and
- Any other violation of California'due south labor laws.10
Whatever employee who has been impacted by whatsoever of these violations can pursue a PAGA claim.
Aggrieved employees file a PAGA claim, online, with the California Labor and Workforce Development Agency.
iii. How can workers file a Private Attorney General Human action lawsuit?
The process of filing a PAGA lawsuit is different from other wage and hr lawsuits.
Aggrieved employees begin past filing a PAGA claim with the California Labor and Workforce Development Bureau. This filing has to exist done online.11 It costs $75 to file, though the filing fee can be waived if necessary. Information technology has to be served on the employer via certified mail, as well.12
The PAGA filing with the California Labor and Workforce Development Agency has to include specific information. Information technology cannot but exist a listing of the employer'south violations.thirteen At a minimum, information technology must specify:
- The bones facts of what happened,
- Which provisions of California's labor laws have been violated, and
- A listing of the aggrieved employees.14
However, the initial PAGA filing does not accept to include every possible fact or every possible violation.15
This puts the employer on notice of the claim. Information technology too gives the Bureau an opportunity to investigate and pursue the merits on its own. The Agency has 65 days to make up one's mind whether to accept the instance. If they choose not to, the aggrieved employee tin file their own PAGA lawsuit.
Once filed, a PAGA claim moves forward as a representative lawsuit. This is unlike from a form action in that the class does not have to be certified.16 However, the aggrieved employee filing the PAGA lawsuit stands in for other employees who have suffered from a labor violation.
four. How long exercise workers accept to file a PAGA merits?
The statute of limitations for filing a PAGA claim is 1 twelvemonth from the terminal alleged labor violation.17
five. How are PAGA penalties calculated?
Workers who succeed in a lawsuit nether PAGA recover civil penalties. Even so, virtually of the penalties recovered in a PAGA lawsuit go to the State of California.
The employer's initial labor violation carries a civil penalization of $100 per employee, per pay menses. Subsequent violations are $200 per employee, per pay period. While the penalties seem depression, they can accrue quickly.
Case: A major fast food company tells employees they cannot have a lunch break when the restaurant is busy, a violation of California labor law. 1,000 employees are afflicted, and the practice has gone on for 30 pay periods. The starting time violation for each employee carries a $100 penalty. The next 29 violations for each employee carry $200 penalties. The visitor can be assessed $5.9 million in penalties.
This is different than recovering compensation. In a typical wage and 60 minutes lawsuit, a worker'southward recovery focuses on their unpaid wages. In a merits under the Private Chaser Full general Act, workers but recover civil penalties provided by the statute. They cannot recover lost wages.18
Like many qui tam lawsuits, the person bringing a PAGA claim only receives some of the money. 75 pct of the penalties recovered in a Private Attorney Full general Human activity claim go to the Land of California. The aggrieved employees who brought the merits share 25 percent of the penalties.19 This portion is split among the employees who were afflicted by the labor violations.twenty
Example: Aggrieved employees at the fast nutrient company would recover 25 percent of the $5.nine million, or $ane.475 million. Each would recover $1,475.
In addition to these penalties, successful PAGA claims also recover attorneys' fees and court costs.
For additional help…
Contact us if you call back you may have a PAGA claim.
PAGA claims have become a huge role of the enforcement of California'south labor laws. They are non like shooting fish in a barrel to file, though. Contact our California labor law attorneys today to go started on your case.
Legal References:
Source: https://www.shouselaw.com/ca/labor/paga-claims/
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