California’s Private Attorneys General Act: An Overview
California Private Attorneys General Act is a type of law enforcement action. Workers act as “private attorney generals,” and can pursue civil penalties like a state agency. According to this law, workers can file labor violation claims against an employer or a former employer. This law gives the workers authority to file a lawsuit on behalf of a California attorney general. It was enacted in 2004. If you want to know the details of this law, this article will provide useful information. Keep reading this write-up to find out more. Everything you need to know about PAGA
Can I file a lawsuit under PAGA?
If you are an aggrieved company employee, you can file a lawsuit under PAGA. An employee will be disappointed if the person becomes a victim of one of the company’s labor violations. If you file a lawsuit under PAGA, you can recover damages for all of the company’s labor violations or the specific one you were affected by.
Labor violations that lead to PAGA claim
- Violations of the California Labor Code listed explicitly in the PAGA statute,
- Violations of California’s health and safety regulations
- Any other violation of California’s labor laws.
If you are an aggrieved employee impacted by these violations, you can file a PAGA lawsuit.
How to file a PAGA lawsuit?
Filing a Private Attorneys General Act (PAGA) lawsuit involves several steps. PAGA is a California state law that allows employees to bring legal actions against their employers on behalf of themselves and other employees for labor law violations. Here is a general outline of the process:
Understand PAGA
Familiarize yourself with the PAGA law and its provisions. This includes understanding the types of violations covered under PAGA, the remedies available, and the requirements for filing a lawsuit.
File a PAGA claim
In order to file a PAGA claim, an aggrieved employee must first contact the California Labor and Workforce Development Agency. Unlike other wage and hour lawsuits, a PAGA lawsuit follows quite a different procedure. You will be able to file PAGA claims online.
Include specifications
The PAGA filing should mention specific information about the basic facts of what happened. It will also include listing aggrieved employees along with the provisions of California’s labor laws that have been violated.
Investigation and further process
The agency will let you know whether they will take the case within 65 days. They will conduct further investigations on their own. You can file your own PAGA lawsuit if they do not take your case. The statute of limitations to file the claim is one year from the last alleged labor violation date.
Calculation of PAGA penalty
Mostly, the recovered California Private Attorneys General Act (PAGA) penalties go to the state of California. The initial labor violation is a penalty of $100 per employee per period. Then the subsequent violations carry penalties of $200 per employee per pay period.
Final Words
California Private Attorneys General Act (PAGA) is basically about authorizing aggrieved employees to file lawsuits. PAGA allows them to recuperate civil penalties for themselves, other employees, or the State of California for Labor Code violations. If you want to file a PAGA lawsuit, this article will be useful. You can utilize the information mentioned above for your emergency.
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