PAGA
Defense of representative actions under the Private Attorneys General Act for California employers.
The Private Attorneys General Act lets an employee sue for civil penalties on behalf of the state for Labor Code violations affecting the employee and coworkers. Penalties are assessed per employee, per pay period, so exposure grows quickly.
How a PAGA case starts
Before filing suit, the employee must send written notice of the alleged violations to the Labor and Workforce Development Agency and to the employer. The notice starts a waiting period during which the agency can decide to investigate. PAGA claims carry a one-year limitations period.
The 2024 reforms
Amendments that apply to notices filed on or after June 19, 2024 changed PAGA in ways that matter to both sides:
- Standing. An employee must have personally experienced each violation alleged.
- Penalty caps. Employers that took reasonable steps to comply, before or soon after receiving a notice, can qualify for sharply reduced penalties.
- Cure. Employers have expanded opportunities to cure certain violations, including an early evaluation process.
- Employee share. Employees now receive 35 percent of penalties recovered, up from 25 percent.
For employers
The first weeks after a PAGA notice are the most important. Akers Law reviews the notice, audits the practices at issue, and advises on cure and early evaluation options before the deadlines pass.
Knowing how the claim is built
Kristina has also worked PAGA and wage cases from the employee side, so she knows how these claims are built and where they tend to be weak.