Calculate civil penalties under the Private Attorneys General Act (Labor Code 2699). Penalties of $100-$200 per employee per pay period for each Labor Code violation.
Labor Code 2699
$100/$200 Per Violation
25% to Employees
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Enter Violation Details
Select Violations (check all that apply)
Claim Details
Pay Periods Affected
?12
126 (1 yr bi-weekly)78 (3 yrs)
Aggrieved Employees
?1
1100500
Subsequent violations apply when employer knew or should have known of the violation
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Penalty Calculation
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Select violations and enter details to see your PAGA penalty estimate
Understanding PAGA Penalties
The Private Attorneys General Act (PAGA) is California's unique mechanism that allows employees to act as "private attorneys general" to enforce Labor Code violations. Instead of relying solely on government agencies to investigate workplace violations, PAGA deputizes workers to bring civil actions on behalf of themselves and other employees.
How PAGA Works
When an employer violates the California Labor Code, affected employees can file a PAGA claim seeking civil penalties. These penalties are separate from (and in addition to) any actual damages the employee may recover. The key features:
$100 per employee per pay period for initial violations
$200 per employee per pay period for subsequent violations
Multiple violations stack — each Labor Code section violated creates separate penalties
Representative action — claims can include all "aggrieved employees" who suffered the same violations
The 75/25 Split
Unlike typical damages that go entirely to the plaintiff, PAGA penalties are split:
75% goes to the Labor and Workforce Development Agency (LWDA)
25% goes to the aggrieved employee(s)
This structure reflects PAGA's purpose: primarily enforcing labor laws for the public benefit, with employees receiving compensation for their role in enforcement.
Why PAGA Matters
PAGA is powerful because:
No class certification required — unlike class actions, PAGA claims don't need to meet complex certification requirements
Can't be waived — employers cannot require employees to waive PAGA rights in arbitration agreements (after Viking River decision, individual PAGA claims may be compelled to arbitration, but representative claims may proceed)
Penalties multiply quickly — with multiple violations across multiple pay periods and employees, penalties can reach substantial amounts
Labor Code § 2699(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... may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees..."
PAGA Legal Framework
PAGA was enacted in 2004 to address chronic underfunding of California's labor enforcement agencies. The law is codified primarily in Labor Code sections 2698-2699.8.
Penalty Structure (LC 2699(f))
For violations where no specific civil penalty is provided elsewhere in the Labor Code:
Initial violation: $100 per employee per pay period
Subsequent violation: $200 per employee per pay period
Many Labor Code sections have their own specific penalty amounts, which PAGA can also enforce.
Statute of Limitations
PAGA claims must be filed within one year of the most recent violation (Labor Code 2699.3(d)). However, violations within that one-year period can trigger penalties going back to when they began.
Labor Code § 2699(f)(2)
"For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows: (A) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation."
Standing Requirements
To bring a PAGA claim, an employee must be an "aggrieved employee" — someone who was employed by the defendant and against whom one or more Labor Code violations was committed. The employee bringing the claim must have personally experienced at least one violation.
Recovery Distribution
Labor Code § 2699(i)
"Civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws... and 25 percent to the aggrieved employees."
Recent Developments: 2024 PAGA Reform
In 2024, California enacted significant PAGA reforms (AB 2288 and SB 92) that:
Created penalty caps for employers who take "all reasonable steps" to comply
Provided penalty reductions for employers who cure violations early
Limited penalties for "isolated, unintentional payroll errors"
Required standing for each violation type asserted
These reforms apply to claims filed on or after June 19, 2024.
The PAGA Claim Process
Filing a PAGA claim involves specific procedural requirements. Missing these steps can doom your case.
Step 1: Written Notice (Required)
Before filing a PAGA lawsuit, you must provide written notice to both:
Your employer (or former employer)
The Labor and Workforce Development Agency (LWDA)
The notice must include:
The specific Labor Code sections violated
Facts and theories supporting the violations
The name and contact information of the employee(s)
The LWDA notice must be submitted online through their PAGA portal.
Step 2: Waiting Period
After submitting notice, you must wait before filing suit:
65 calendar days for most violations
33 calendar days for wage-related violations under specific sections (LC 210, 226, etc.)
During this period, the LWDA may choose to investigate. If the LWDA doesn't notify you that it's investigating, you may proceed after the waiting period expires.
Step 3: Filing the Lawsuit
Once the waiting period expires (and the LWDA hasn't taken action), you can file your civil action in California Superior Court. PAGA cases cannot be removed to federal court because they're brought under state law for the benefit of a state agency.
Cure Provisions
For certain violations, employers have the opportunity to "cure" before penalties apply:
Paystub violations (LC 226) — employer has 33 days to cure after notice
Certain posting/notice violations — may be cured within specified timeframes
If the employer successfully cures, PAGA penalties may be avoided for that specific violation.
Settlement Considerations
PAGA settlements must be submitted to the LWDA for review and approved by the court. The settlement must be fair to the absent aggrieved employees and must distribute the 75/25 split appropriately.
Frequently Asked Questions
After the U.S. Supreme Court's 2022 Viking River Cruises v. Moriana decision, employers may compel individual PAGA claims to arbitration if the employee signed an arbitration agreement. However, California courts have held that representative (non-individual) PAGA claims may still proceed in court even if individual claims are arbitrated. The law in this area continues to evolve.
While you can technically file a PAGA claim yourself, it's strongly recommended to work with an experienced employment attorney. PAGA claims involve complex procedural requirements, and errors can result in dismissal. Most PAGA attorneys work on contingency (they only get paid if you win), making legal representation accessible.
PAGA cases typically take 1-3 years from notice to resolution. The timeline depends on factors like case complexity, whether the employer files motions to compel arbitration, discovery disputes, and settlement negotiations. Many cases settle before trial.
Key differences include:
Certification: Class actions require court certification; PAGA claims don't
Recovery: Class actions award damages; PAGA awards penalties (plus some damages for wage violations)
Distribution: Class members keep their full recovery; PAGA gives 75% to the state
Arbitration: Class actions can often be waived via arbitration agreements; PAGA rights cannot be fully waived
Many employment cases involve both class claims and PAGA claims running in parallel.
No. California Labor Code section 98.6 prohibits retaliation against employees who file or participate in PAGA claims. If your employer retaliates, you may have an additional claim for wrongful termination or retaliation, which can include significant damages beyond the PAGA penalties.
Fixing violations after a PAGA claim is filed doesn't eliminate liability for past violations. The penalties have already accrued. However, under the 2024 PAGA reforms, employers who take proactive steps to cure violations may receive reduced penalties. Curing violations prospectively may also limit future penalty accrual.
Technically, PAGA claims are representative — you bring them on behalf of yourself and all other aggrieved employees. However, the scope of "aggrieved employees" depends on the violations alleged. You must have standing (experienced the violation yourself) for each type of violation you assert, and you can only represent others who experienced those same violations.
PAGA primarily provides for civil penalties, not damages. However, some Labor Code sections allow recovery of "premium" wages (like meal/rest break premiums) through PAGA in addition to penalties. For unpaid regular wages and overtime, you'll typically need a separate wage claim or lawsuit, though these are often filed together.
Related Demand Letters
Based on your calculation, you may need a demand letter. Get your free template: