Private Attorneys General Act (PAGA)

Holding California Employers Accountable for Labor Code Violations

The Private Attorneys General Act, enacted in 2004, lets an aggrieved employee step into the shoes of the state and pursue civil penalties for California Labor Code violations, both for themselves and for coworkers affected by the same conduct. It is one of the most powerful tools available for enforcing wage-and-hour law, especially where a violation affects many workers and each individual amount is small.

If your employer committed wage-and-hour violations that affected you and your coworkers, a PAGA action may allow you to recover civil penalties on the state’s behalf.

What PAGA Is and How It Works

PAGA effectively deputizes employees as private attorneys general. Before filing suit, an employee must give written notice of the alleged violations to the California Labor and Workforce Development Agency and to the employer, through the agency’s online system. The penalties recovered are shared between the affected employees and the state, and a PAGA claim can be pursued alongside individual or class wage claims. Because the procedure and deadlines (one year) are strict, these claims are handled carefully from the outset.

The 2024 PAGA Reforms

California significantly overhauled PAGA in 2024 through Assembly Bill 2288 and Senate Bill 92. The changes apply to claims based on notices filed with the state on or after June 19, 2024. Key changes include:

• Standing is narrower: you must have personally suffered each violation for which you seek penalties, rather than any Labor Code violation
• Employees now receive a larger share, 35 percent of the civil penalties recovered, with 65 percent going to the state, compared with 25 percent previously
• Employers who take all reasonable steps to comply can have penalties capped at 15 percent if the steps were taken before a notice, or 30 percent if taken within 60 days after a notice
• New cure and early-resolution paths apply, with smaller employers able to cure certain violations through the agency and larger employers through an early evaluation conference and court process
• Courts may now award injunctive relief requiring the employer to correct unlawful practices

Penalties Under PAGA

The general civil penalty is often described as $100 per employee per pay period for an initial violation, with higher penalties for repeat or willful conduct. Because the penalty is multiplied across every affected employee and every pay period, the totals can be substantial even when each worker’s individual loss is modest. The 2024 reforms adjusted this framework, reducing or capping certain penalties, including for isolated violations and for employers who promptly cure problems, and limiting some stacked or derivative penalties. A one-year statute of limitations applies, so timing is important.

Common Violations Behind PAGA Claims

PAGA claims typically arise from the same wage-and-hour problems that affect a whole workforce. Common examples include:

• Unpaid overtime and off-the-clock work
• Missed or non-compliant meal and rest breaks
• Inaccurate or incomplete wage statements
• Unreimbursed business expenses
• Unpaid minimum wages and misclassification of employees
• Failure to provide suitable seating

What a PAGA Claim Can Achieve

A PAGA action can recover civil penalties for you and your coworkers, push an employer to change unlawful company-wide practices, secure injunctive relief, and provide for your attorney’s fees and costs. Even where an individual’s unpaid wages are small, the combined penalties across a workforce create real accountability and are frequently what motivates an employer to fix the underlying problem.

Frequently Asked Questions

What is PAGA?

The Private Attorneys General Act lets an employee sue on behalf of the state to recover civil penalties for Labor Code violations affecting the employee and coworkers. The recovery is shared between the employees and the state.

Do I have to file anything before bringing a PAGA claim?

Yes. You must first submit written notice of the alleged violations to the Labor and Workforce Development Agency and the employer through the state’s online system before you can file suit. The process has strict requirements and deadlines.

What changed with the 2024 PAGA reforms?

For notices filed on or after June 19, 2024, standing is narrower, employees receive a larger 35 percent share of penalties, employers who take reasonable steps to comply can have penalties capped, new cure paths exist, and courts can order injunctive relief.

How much can be recovered under PAGA?

Penalties are assessed per employee and per pay period, so they can add up quickly across a workforce. Under the current rules, aggrieved employees receive 35 percent of the penalties recovered and the state receives 65 percent.

How long do I have to bring a PAGA claim?

PAGA has a one-year statute of limitations, which can be affected by the required notice process. Because the deadline is short, it is important to speak with an attorney promptly.

Schedule Your Free Consultation

At Righetti Law in San Francisco, our attorneys represent employees in California state and federal courts and have decades of experience handling wage-and-hour and class action matters. We have recovered millions for our clients in court and in settlement.

Your consultation will be confidential, and we will not contact your employer.

Call our firm at 415-983-0900 for a complimentary, confidential consultation. You may also complete our online contact form.