This is a major development because it allows employees to significantly add to the damages available to them under the law. Employees can bring a claim against any violations of the California Labor Code and receive a portion of the penalties that the state would have been entitled to if it fined the employer. The employee is entitled to 25% of the penalties; the remaining penalties go to the Labor & Workforce Development Agency to help labor law enforcement.
To be eligible to sue the company an employee just needs to show that his or her rights were infringed. This means that if your company fails to pay you overtime, it opens the door for you to sue the employer for every other violation of the labor code it has committed. These penalties can quickly add up. PAGA also requires the employer to pay the prevailing employee’s attorney’s fees and costs of bringing the lawsuit.
Often times failure to pay overtime or wages is a sign that employers are failing other duties as well, under PAGA this means employees are eligible to extra damages. Baker Law Group, LLP can let you know if you qualify for a PAGA lawsuit. Call us today at (858) 452-0093.