If your employer personally violated your labor rights, California Labor Code § 2699 allows you to bring Private Attorney General Act (PAGA) claims against the employer. If you win, the court will order the employer to pay civil penalties. Of this money, 65% goes to the state, and 35% goes to you.
Frequently-Asked-Questions
Why would I bring a PAGA claim?
Common reasons to bring PAGA claims include when your employer is:
- Paying you less than minimum wage;
- Not providing you meal breaks;
- Misclassifying you as an independent contractor;
- Not reimbursing your business expenses;
- Not compensating you for overtime; and/or
- Making you work in a hazardous environment.1
How much money do I get?
It depends on the case. The civil penalties employers must pay range from a few dollars to $200 per employee, per pay period.
Of this money, you get 35%. The remainder goes to the Labor and Workforce Development Agency. In addition, you are entitled to reasonable attorney’s fees and court costs.2
Does this money include unpaid wages?
No. PAGA lawsuits merely punish employers for violating labor laws, they do not compensate you for unpaid wages. To recover unpaid wages, you can also:
- file a wage claim with the California Labor Commissioner or
- bring a traditional wage and hour lawsuit.
For example you are entitled to an extra hour of pay (at your regular rate of pay) for each rest or meal break you were denied. You may also be entitled to interest for any pay you are denied.
Note that depending on your employment contract, you may be required to submit to arbitration rather than bring a traditional wage and hour lawsuit.3
What is the PAGA lawsuit process under Labor Code 2699?
First you file a PAGA claim online with the California Labor and Workforce Development Agency (LWDA) and have it served on your employer via certified mail. (PAGA filings cost $75, though you may be able to get this waived.)
The LWDA will then decide within 65 days whether to take the case. If they do not, you are free to file a regulation lawsuit.4
Either way, you are advised to consult with an experienced California labor law attorney first to discuss your options.
What is the statute of limitations for bringing a PAGA lawsuit?
You have one year from your employer’s labor violation to file a PAGA claim in California. An attorney can help you compose the claim so as to increase your odds of success.5
Do employers have time to cure their violations?
Yes. Employers have 33 days after receiving a PAGA notice to cure its employment violations. If successful, they may be able to escape civil penalties.6
If an employer violated your labor rights, you can bring PAGA claims plus a lawsuit.
Legal References
- California Labor Code 2699 – Recovery of civil penalty for Labor Code violation through civil action brought by aggrieved employee; Amount of penalty; Attorney’s fees and costs; Limitations; Distribution of penalties recovered; Provision of specified items to agency; Approval of settlement by superior court; Applicability; Regulations. The beginning text of the statute reads as follows:
(a) Notwithstanding any other provision of law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of the employee and other current or former employees against whom a violation of the same provision was committed pursuant to the procedures specified in Section 2699.3.
- California Labor Code 2699. Zakaryan v. The Men’s Wearhouse, Inc. (Cal. App. 2d Dist., 2019) 33 Cal. App. 5th 659.
- California Labor Code 2699.3 LC. See also Crestwood Behavioral Health, Inc. v. Superior Court (2021) 60 Cal.App.5th 1069; Alcantar v. Hobart Serv., (9th Cir. 2015) 800 F.3d 1047; Green v. Bank of America, N.A., (9th Cir. 2015) 634 Fed. Appx. 188; Cardenas v. McLane Foodservices, Inc., (C.D. Cal. 2011) 796 F. Supp. 2d 1246; Laface v. Ralphs Grocery Store (2022) 75 Cal.App.5th 388.
- Code Civ. Proc., § 340, subd. (a).
- Assembly Bill 2288 (2024). Senate Bill 92 (2024).