California Private Attorney General Act
Allows Employees to Sue Employers for Labor Violations
The California Private Attorney General Act (PAGA) of 2004 allows employees to sue their employers for violations of the California Labor Code.
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.