Experienced PAGA Claim Mediators in Irvine, California

The Private Attorneys General Act of 2004 (PAGA) is a California law that was enacted to maximize compliance with state labor laws in light of inadequate funding and declining staffing at state labor law enforcement agencies. PAGA essentially authorizes private citizens to act as a “private attorney general” on behalf of the California Labor and Workforce Development Agency and collect civil penalties for the employer’s wrongdoing.

Under PAGA, an aggrieved employee can seek to recover civil penalties for labor code violations from employers on behalf of current and former employees. A worker is an aggrieved employee if they suffered from one of the company’s labor violations. However, Irvine workers can recover damages for all of the company’s labor violations, not just the ones that affect them.

As more and more employers impose arbitration with class-action waivers on employees as a condition of employment, many plaintiffs have turned to PAGA claims as an alternative and effective means of bringing representative actions for labor code violations. As with any dispute, uncertainty can provide a strong justification to encourage the settlement of a dispute rather than proceeding to trial. Because of this, many employees are opting for PAGA mediation to resolve their claims.

You may be confused about your rights under PAGA law. Blue Sky Mediation Center can assist you and work toward mediating your case for a faster outcome.

Examples of PAGA Claims

PAGA claims involve employment disputes such as the following:

• Unpaid wages. This includes claims related to unpaid regular wages, overtime wages, double-time wages or missed meals and rest breaks.
• Off-the-clock work. Employees were required to work off the clock without proper compensation.
• Failure to provide proper meal and rest breaks. The employer did not provide required meal and rest breaks or failed to compensate employees for missed breaks.
• Improper classification of employees. Employees were misclassified as independent contractors instead of employees, denying them rightful wages, benefits, and protections.
• Unlawful deductions. This involves allegations that the employer made unlawful deductions from employees’ wages or tips.
• Unlawful pay practices. This includes claims related to tip pooling, minimum wage violations, or piece-rate compensation.
• Failure to reimburse business expenses. Employers failed to reimburse employees for necessary business expenses, such as mileage, uniforms, or tools.
• Unlawful termination or retaliation. An employer unlawfully terminated or retaliated against an employee for exercising their legal rights, such as filing a workers’ compensation claim or reporting labor law violations.
• Failure to provide required notices. The employer failed to provide employees with required notices regarding their rights under state labor laws.

What to Know

Most PAGA lawsuits settle outside of court. However, keep in mind that the employees get very little of a PAGA judgment. Only 25% is awarded to the group, with the California Labor and Workforce Development Agency getting the remaining 75%. However, the average settlement is more than $1 million.

PAGA cases are complex. They are similar to class action lawsuits in that they often involve many people and require court approval. Once approved, the settlement generally bars lawsuits by other employees over the same or similar PAGA claims.

You do not have to settle a PAGA case in court. Mediation is a good option to resolve it quickly. You may or may not get more money by having the court decide your case. That is the risk you take when you decide on litigation.

Mediating a PAGA case is not an easy task. The parties involved tend to have significantly different viewpoints on settling the case, which can be difficult for the mediator. The mediator will need to be very patient.

The parties should consider having contingencies in place in case the court rejects the original settlement. They should anticipate any issues and come up with alternate plans in case the court raises concerns or denies approval.

Time limits apply in PAGA cases, just like any other lawsuit. Workers have just one year from the violation to bring a PAGA lawsuit, so they need to act quickly if they want to meet the deadline.

Contact Us Today

If you are facing issues in the workplace, you may be interested in pursuing a PAGA claim and mediation.

An Irvine PAGA mediation lawyer from Blue Sky Mediation Center can help you with your employment claim. We have experience handling these types of issues. To schedule a consultation, call 213-376-4130, fill out the online form or reserve a time on the booking calendar.