Mehtani Law Offices attorneys regularly file cases on behalf of aggrieved employees pursuant to a special California employment law called the “Private Attorney General Act” (“PAGA”). The Firm is particularly experienced in bringing PAGA cases alongside class action claims in state or federal court or arbitration.
In a PAGA case, one or more employees bring a representative action on behalf of all “aggrieved” employees who suffered similar violations of the California labor code. Typical PAGA cases involve meal and rest break violations, unpaid regular or overtime wages, inaccurate wage statements, unpaid vacation and other similar claims.
PAGA cases have a limited, one-year statute of limitations and require that the applicable representative employee notify the California Labor and Workforce Development Agency (the “LWDA”) of his or her intent to file suit under PAGA before doing so. There is a waiting period during which the LWDA will consider the intended lawsuit and decide whether the LWDA itself will pursue the claim. If not, the employee can file a lawsuit under the PAGA.
The penalties recoverable pursuant to the PAGA vary depending on the California Labor Code violation at issue, but they can be as small as $50 or $100 up to a few thousand dollars in the aggregate, potentially per violation. 75% of the money recovered under PAGA typically is required to be paid to the LWDA, and the remaining 25% typically is awarded to the aggrieved employees.