PAGA lawyer for California employees

California's Private Attorneys General Act lets one employee bring civil penalties on behalf of all affected employees for Labor Code violations. Freiman Legal evaluates and brings PAGA claims alongside individual wage claims, and gives you an honest view of when a PAGA claim helps and when it does not. Call (310) 917-1004 or email jennifer@freimanlegal.com for a free consultation.

What PAGA is

The Labor Code gives the state the power to collect civil penalties from employers that violate wage and hour law. PAGA deputizes an "aggrieved employee" to collect those penalties in the state's place. Before filing, the employee gives written notice to the Labor and Workforce Development Agency and the employer describing the violations. If the agency does not take the case, the employee may sue. Penalties recovered are split between the state and the affected employees, and a prevailing employee recovers attorney's fees.

PAGA is not a class action. There is no class certification, and an arbitration agreement generally does not bar the representative claim, though it may send the individual portion to arbitration first.

The 2024 reforms

Legislation enacted in 2024 changed PAGA for notices filed after it took effect. In broad terms, it tied standing to violations the employee personally suffered, gave employers a path to reduce penalties by taking reasonable steps to comply before and after notice, adjusted penalty amounts for certain violations, increased the employees' share of the recovery, and added cure procedures. The result is that a PAGA claim must now be evaluated violation by violation, and against what the employer did to fix its practices. We evaluate whether the claim is worth bringing under the current rules.

Violations that support a PAGA claim

  • Unpaid overtime and off-the-clock work.
  • Meal and rest break violations.
  • Inaccurate wage statements.
  • Late final paychecks.
  • Misclassification of employees as exempt or as contractors.
  • Unreimbursed business expenses, including personal phones and vehicles used for work.
  • Failure to provide suitable seating, sick leave, or required rest facilities.

Any of these, if it is a practice rather than a one-time error, affects every employee subject to it.

When a PAGA claim helps your case, and when it does not

It helps when your individual claim is small but the practice is widespread. A single missed break premium is worth little; the same violation across 200 employees over a year is leverage, and the employer knows it.

It does not help when your individual claim is large and strong on its own and a representative claim would slow it down, invite a fight over scope, or dilute your recovery. A strong individual wrongful termination case may not need PAGA attached.

Employers' lawyers know both of these things. So should you before you decide.

Deadlines

General guide only. Every claim has a filing deadline, and some are short. The clock runs from each violation, so delay can shrink the claim. Your deadline depends on your facts, so call as soon as you can.

How we handle PAGA matters

We start with your own pay records, then identify which violations are practices rather than accidents. We prepare the agency notice carefully, because the notice defines the case. We pursue your individual claims and the representative claim together, and we settle or try them with the same preparation.

Questions people ask

General answers only. Your facts may change the answer.

Do I need other employees to join? No. One aggrieved employee can bring the claim on behalf of all.

Will my coworkers know? The employer will. Retaliation against you for bringing a PAGA claim is illegal.

I signed an arbitration agreement with a class waiver. The individual claims may go to arbitration. The representative PAGA claim generally cannot be waived.

I no longer work there. A former employee can bring a PAGA claim for violations within the limitation period.

Related

Unpaid wages and overtime | Retaliation | Wrongful termination | All employee claims | Lawyers: refer a case

Call (310) 917-1004 or email jennifer@freimanlegal.com. We aim to reply within one business day. Contacting us does not make you our client. We represent you only after we both sign a written representation agreement, so please do not send confidential information before then.

Attorney advertising. This page is general information, not legal advice. Prior results do not guarantee a similar outcome.