Who can file a PAGA claim in California?

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Labor and employment law attorney Neil Shouse explains PAGA claims, and describes the types of labor law violations that can lead to employees filing PAGA claims.

PAGA stands for Private Attorney General Act, which is a California statute allowing employees to file a lawsuit against their employer for labor law violations. Under a PAGA claim, the employees can act as their own attorneys general, when a California government agency does not move forward with labor law claims against the company that employed the workers.

Under a PAGA claim "aggrieved employees" can file a lawsuit against their employer. An "aggrieved employee" is someone who has suffered a labor violation, such as: wage and hour violations, violations of California's health and safety regulations, or any other labor law violation.

If the PAGA claim is successful, it could result in statutory damages, attorneys' fees, and court costs. While the statutory damages are limited to $100 for a first violation and $200 for a second violation, those damages could quickly add up to millions of dollars, if the company has hundreds or thousands of employees, and has been violating their rights for several months. However the amount that goes to the victims is diminished in PAGA claims, since the state keeps 75% of the damages, and the employees only get the other 25%.

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If you or a loved one wishes to file a PAGA claim or any other labor law claim, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.