The Evolving Case Law of PAGA

What You Need to Do to Protect Your Rights As An Aggrieved Employee

An Overview of PAGA Law in California

In 2004, California enacted a law called the Private Attorney General Act — “PAGA” for short. This law empowers private citizens to act in the capacity of attorneys general and collect civil penalties for the state’s Labor and Workforce Development Agency (LWDA).

In unfair competition lawsuits, citizens can temporarily acquire certain powers of a Private Attorney General. But what’s interesting and unique about PAGA is that the law allows citizens to collect fines that normally only the state would be able to collect. Of course, the citizen can’t keep all the revenue – the employee gets just 25%, while the LWDA gets the lion’s share – 75%. That said, a jilted employee can also act in the capacity of an AG on behalf of “other current or former employees”… and thus collect additional compensation!

Labor code violations that lead to PAGA enforcement can be grouped in three categories:

  1.  Serious violations.
  2.  Health and safety violations (e.g. wage and hour issues, benefits issues, etc)
  3.  Miscellaneous violations that don’t fall into categories 1 or 2.

Since PAGA is a relatively new and novel law, its application is evolving. Many employees and employers alike do not understand the full suite of options (and responsibilities) accorded to them by California Labor Code laws. If you’ve been recently injured or denied rights or fair wages by your employer, you’d likely benefit substantially from connecting with a Bay Area employment attorney at the Law Offices of Daniel Vega.

Get your urgent questions about your potential leverage under PAGA answered. Call (415) 287-6200 today, or explore more useful resources here at www.vegalawyer.com.