PAGA: Private Attorneys General Act in California

How PAGA Works

PAGA (Labor Code 2698 et seq.) allows employees to step into the shoes of the state to enforce Labor Code violations. Employers face civil penalties (e.g., $100 per employee per pay period for initial violations, $200 for subsequent). Penalties can add up quickly across a workforce.

Standing

You must have been employed by the violating employer and have suffered one or more of the alleged violations. You can represent "aggrieved employees"—others who suffered the same violations—without meeting class action requirements.

Pre-Suit Notice

Before filing, you must send a notice to the LWDA and employer. The notice must describe the Labor Code violations with reasonable specificity. The LWDA may investigate; if it does not cite the employer within 65 days (or opts not to), you may file a PAGA action in court.

PAGA vs. Class Actions

PAGA does not require numerosity, commonality, or typicality like class actions. It is not subject to the same arbitration limitations—the California Supreme Court has held that PAGA claims cannot be waived by arbitration agreements. PAGA has become a powerful tool for employees.