📋 What is PAGA?
The Private Attorneys General Act (PAGA) allows California employees to sue employers for Labor Code violations on behalf of themselves, other employees, and the State of California. PAGA essentially deputizes employees to act as "private attorneys general" to enforce labor laws. I help both employees pursuing PAGA claims and employers responding to them.
Why PAGA is Powerful
💰 Civil Penalties
PAGA allows recovery of civil penalties that were previously only available to government agencies ($100-$200 per violation per pay period)
👥 Representative Action
File on behalf of all "aggrieved employees" - anyone affected by the same Labor Code violations
📝 Bypass Arbitration
PAGA claims cannot be waived through arbitration agreements (Iskanian v. CLS Transportation)
⚖ Wide Coverage
Nearly any Labor Code violation can be pursued: wage/hour, meal/rest breaks, pay stubs, expense reimbursement
Two-Sided Coverage
✅ For Employees (PAGA Plaintiffs)
- Identify all Labor Code violations to maximize penalties
- Draft compliant LWDA notice within statute of limitations
- Wait 65-day notice period before filing suit
- Calculate penalties per violation per pay period per employee
- File representative action in Superior Court
📩 For Employers (Recipients)
- Analyze LWDA notice for technical deficiencies
- Determine if violations can be "cured" within 33 days
- Assess scope of exposure across all aggrieved employees
- Consider early settlement before penalties multiply
- Implement compliance systems to prevent future claims
⚠ Critical Deadlines
For Employees: PAGA has a 1-year statute of limitations from the most recent violation. You must file the LWDA notice within this period, then wait 65 days before suing.
For Employers: You have 33 days from LWDA notice to cure certain violations and avoid penalties. Act immediately upon receipt.
⚖ Legal Basis
PAGA is codified at Labor Code Section 2698 et seq. I analyze which Labor Code violations support the strongest PAGA claims for employees and evaluate exposure for employers.
Key Statutory Authority
Labor Code Section 2698 - PAGA Purpose
Declares the Legislature's intent to authorize aggrieved employees to recover civil penalties as a supplement to government enforcement of labor laws. Recognizes that government agencies lack resources to adequately enforce Labor Code provisions.
Labor Code Section 2699 - Civil Penalties
Establishes the penalty structure: $100 per employee per pay period for initial violations; $200 for subsequent violations. Penalties are distributed 75% to the LWDA and 25% to aggrieved employees.
Labor Code Section 2699.3 - Notice Requirements
Requires employees to provide written notice to LWDA and employer at least 65 days before filing suit. Notice must specify the Labor Code provisions violated and the facts supporting the claim. Employers have 33 days to cure certain violations.
Labor Code Section 2699.5 - Covered Violations
Lists the Labor Code sections subject to PAGA penalties, covering virtually all wage and hour violations: minimum wage, overtime, meal and rest breaks, pay stub requirements, expense reimbursement, record-keeping, and more.
Common PAGA Violations
💰 Wage and Hour Violations (LC 510, 558, 1194)
▼Failure to pay minimum wage, overtime at 1.5x or 2x rates, daily overtime for hours over 8 or 12, or seventh-day overtime. Also includes failure to pay for all hours worked (off-the-clock work), rounding violations that systematically favor employer, and unauthorized deductions.
🍴 Meal Period Violations (LC 226.7, 512)
▼Failure to provide 30-minute duty-free meal period for shifts over 5 hours, failure to provide second meal period for shifts over 10 hours, late meal periods (after 5th hour), on-duty meal period agreements not meeting requirements, or failure to pay meal period premium when violations occur.
☕ Rest Break Violations (LC 226.7)
▼Failure to authorize and permit 10-minute paid rest periods for every 4 hours worked (or major fraction thereof), requiring employees to remain on premises during rest breaks, failure to pay rest break premium when violations occur. Rest breaks must be in the middle of each 4-hour work period when practicable.
📄 Pay Stub Violations (LC 226)
▼Itemized wage statements must include: gross wages, total hours worked (except exempt), piece rate units if applicable, all deductions, net wages, pay period dates, employee name and last 4 of SSN, employer name and address, all hourly rates and corresponding hours, and overtime rates. Each missing or inaccurate item can be a separate violation.
💳 Final Pay Violations (LC 201, 202, 203)
▼Terminated employees must receive final pay immediately. Employees who quit with 72 hours notice must be paid immediately; those without notice must be paid within 72 hours. Waiting time penalties of up to 30 days of wages apply for willful violations, and PAGA penalties stack on top.
💰 Expense Reimbursement (LC 2802)
▼Employers must reimburse employees for all necessary business expenditures: personal cell phone use, vehicle mileage, home internet for remote work, tools and equipment, uniforms, and any other expenses incurred in direct discharge of duties. Failure to reimburse is a Labor Code violation subject to PAGA.
💡 "Stacking" Violations
A single missed meal break can trigger multiple violations: (1) meal period violation under LC 512, (2) failure to pay meal premium under LC 226.7, (3) pay stub error under LC 226, and (4) inaccurate records under LC 1174. I identify all derivative violations to maximize penalties for employees or assess total exposure for employers.
🕑 LWDA Notice Requirements
Before filing a PAGA lawsuit, employees must provide written notice to both the Labor and Workforce Development Agency (LWDA) and the employer. I ensure notices are properly drafted to preserve all claims.
Notice Timeline
Notice Requirements
The LWDA notice must contain specific information to be valid:
- Specific Labor Code sections - List every section allegedly violated
- Facts supporting each violation - Describe the conduct that violates each section
- Theories of liability - Explain how employer's conduct violates the law
- Representative scope - Identify that claims are brought on behalf of aggrieved employees
⚠ Notice Specificity Required
After Viking River Cruises v. Moriana (2022) and Adolph v. Uber (2023), courts scrutinize PAGA notices more carefully. Vague or incomplete notices may result in dismissal of claims. I draft notices with sufficient factual detail to withstand employer challenges while preserving maximum claims.
What Can Be "Cured"?
🚫 NOT Curable (Most Violations)
- Meal period violations (LC 226.7, 512)
- Rest break violations (LC 226.7)
- Overtime violations (LC 510, 558)
- Minimum wage violations (LC 1194)
- Final pay timing (LC 201, 202, 203)
- Expense reimbursement (LC 2802)
- Record-keeping violations (LC 1174)
✅ Curable Within 33 Days
- Pay stub violations (LC 226) - if employer provides compliant statements and pays one pay period wages
- Posting violations - if employer posts required notices
- Note: Cure must be complete and provided to all aggrieved employees
- Employers rarely successfully cure because most claims involve non-curable violations
💰 PAGA Penalties and Distribution
PAGA penalties are calculated per violation, per employee, per pay period. I help employees maximize recovery and employers understand their exposure.
Penalty Distribution
Penalty Amounts
| Violation Type | Initial Penalty | Subsequent Penalty | Per |
|---|---|---|---|
| Default PAGA Penalty | $100 | $200 | Per employee per pay period |
| LC 226 (Pay Stubs) | $50 | $100 | Per employee per pay period |
| LC 558 (Overtime) | $50 | $100 | Per underpaid employee per pay period |
| LC 1197.1 (Min Wage) | $100 | $250 | Per underpaid employee per pay period |
📊 Sample PAGA Penalty Calculation
Example: Restaurant with 50 employees, bi-weekly pay, 3-year violation period (78 pay periods)
💡 Court Discretion to Reduce Penalties
Under Labor Code 2699(e)(2), courts may reduce PAGA penalties if the full amount would be "unjust, arbitrary and oppressive, or confiscatory." Employers often argue for reduction based on good faith efforts, de minimis violations, or disproportionate impact. I help employees argue against reduction and help employers position for maximum reduction.
Attorney Services
💰 Plus Underlying Wages and Attorney Fees
PAGA penalties are in addition to underlying unpaid wages, meal/rest break premiums, and waiting time penalties. Attorney fees are recoverable by prevailing plaintiffs. A successful PAGA case typically includes: PAGA penalties + unpaid wages + premium pay + interest + attorney fees.
✅ Evidence Checklist
Gather these documents to support your PAGA claim (employees) or evaluate your exposure (employers). Click to check off items as you collect them.
🕑 Time and Pay Records
- ✓ All pay stubs for violation period
- ✓ Time clock records or punch data
- ✓ Work schedules showing shifts worked
- ✓ Meal and rest break records (if any)
📄 Company Policies
- ✓ Employee handbook
- ✓ Meal and rest break policies
- ✓ Timekeeping policies
- ✓ Expense reimbursement policies
📩 Communications
- ✓ Emails about working through breaks
- ✓ Texts about off-the-clock work
- ✓ Manager instructions about pay practices
- ✓ HR complaints about violations
👥 Workforce Information
- ✓ Estimate of total affected employees
- ✓ Contact info for other aggrieved employees
- ✓ Job positions with same violations
- ✓ Pay period frequency (weekly, bi-weekly)
🔒 Request Your Records
Under Labor Code Section 226(c), you have the right to receive copies of your payroll records within 21 days of a written request. Under LC 1198.5, you can inspect your personnel file within 30 days. Send written requests immediately to preserve evidence and trigger employer obligations.
📄 Sample Language
I use these templates when drafting PAGA notices and demand letters. Copy and customize for your situation.
Notice is hereby given pursuant to California Labor Code Section 2699.3 that [EMPLOYEE NAME], an aggrieved employee, intends to bring a civil action pursuant to the Private Attorneys General Act of 2004 (Labor Code Section 2698, et seq.) against [EMPLOYER NAME] for violations of the California Labor Code. This notice is filed on behalf of [EMPLOYEE NAME] and all other current and former aggrieved employees of [EMPLOYER NAME] in California.
[EMPLOYER NAME] failed to provide [EMPLOYEE NAME] and other aggrieved employees with legally compliant meal periods as required by Labor Code Sections 226.7 and 512. Specifically, [EMPLOYER NAME] [DESCRIBE SPECIFIC VIOLATIONS: failed to provide any meal periods / provided late meal periods after the 5th hour / required employees to remain on premises / required on-duty meal periods without valid agreements / automatically deducted meal time regardless of whether breaks were taken]. [EMPLOYER NAME] further failed to pay aggrieved employees one additional hour of pay at the regular rate of compensation for each workday a compliant meal period was not provided, as required by Labor Code Section 226.7.
[EMPLOYER NAME] failed to authorize and permit [EMPLOYEE NAME] and other aggrieved employees to take paid rest periods as required by Labor Code Section 226.7 and the applicable Industrial Welfare Commission Wage Order. Employees were entitled to a paid 10-minute rest period for every four hours worked or major fraction thereof. [EMPLOYER NAME] [DESCRIBE SPECIFIC VIOLATIONS: did not authorize rest breaks / scheduled shifts without rest breaks / required employees to work through rest breaks / required employees to remain on call during rest breaks]. [EMPLOYER NAME] failed to pay one additional hour of pay at the regular rate for each workday a rest period was not provided.
[EMPLOYER NAME] failed to provide [EMPLOYEE NAME] and other aggrieved employees with accurate, itemized wage statements as required by Labor Code Section 226. The wage statements issued by [EMPLOYER NAME] failed to accurately set forth [DESCRIBE SPECIFIC DEFICIENCIES: gross wages earned / total hours worked / all applicable hourly rates and corresponding hours / the inclusive dates of the pay period / all deductions / net wages earned / employer's legal name and address / employee name and last four digits of SSN]. These failures have caused aggrieved employees to be unable to determine whether they have been fully compensated for all hours worked.
🚀 Next Steps
Whether you're an employee filing a PAGA claim or an employer responding to one, I can help you navigate the process.
For Employees (PAGA Plaintiffs)
Step 1: Gather Evidence
Request payroll records, collect pay stubs, document violations, identify other affected employees
Step 2: File LWDA Notice
I draft comprehensive LWDA notices for $450 flat fee that preserve all claims
Step 3: Wait 65 Days
Mandatory waiting period; use time to gather additional evidence and calculate penalties
Step 4: File Lawsuit or Settle
If employer doesn't settle, file PAGA complaint in Superior Court
For Employers (Recipients)
Step 1: Assess Immediately
Review notice for technical deficiencies; determine if violations can be cured within 33 days
Step 2: Calculate Exposure
Count affected employees, pay periods, and violation types to estimate total penalties
Step 3: Consider Early Settlement
Settling before LWDA notice period expires avoids additional penalties and attorney fees
Step 4: Fix Compliance
Implement proper policies immediately to stop ongoing violations and limit future exposure
📌 LWDA Filing Portal
PAGA notices must be filed online at the LWDA portal: dir.ca.gov/Private-Attorneys-General-Act/Private-Attorneys-General-Act.html. The filing fee is $75. After filing, you must also send a copy to the employer by certified mail. Keep proof of both filings - courts require evidence that proper notice was given.
Need Legal Help with PAGA?
I help both employees and employers with California PAGA claims. Schedule a consultation to discuss your situation.
California Resources
- LWDA PAGA Filing Portal: dir.ca.gov/Private-Attorneys-General-Act
- CA Labor Commissioner: dir.ca.gov/dlse - Wage and hour complaints
- Industrial Welfare Commission Wage Orders: dir.ca.gov/iwc - Industry-specific requirements
- DLSE Manual: dir.ca.gov/dlse/dlse-publications - Enforcement policies and interpretations