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Experienced PAGA Claim Mediators in Los Angeles, California

The California Legislature enacted the Private Attorneys General Act of 2004 (PAGA) to maximize compliance with state labor laws. It authorizes aggrieved employees to file lawsuits to recover civil penalties for themselves, other employees, and the State of California for Labor Code violations.

At Blue Sky Mediation Center, our skilled Los Angeles mediator knows these claims are complex, involving thousands of putative class members, multiple firms and interested parties, and large amounts of money.

In addition, the settlement process for PAGA actions requires the courts to approve any settlement and may require the parties to negotiate further. This requires special knowledge as a mediator, including knowing how to structure the settlement process and documents to reach the best outcome and allow everyone to move forward with a fair and appropriate resolution. This is why we are here. Allow our Los Angeles mediator’s knowledge, skills, and resources to advance your claim, starting with an initial consultation today.

What Types of Violations Can Be Pursued Through a PAGA Claim in California?

PAGA Claim

Three types of violations can be the subject of a PAGA claim:

  • Violations of the California Labor Code that are listed explicitly in the statute.
  • Violations of California’s health and safety regulations.
  • Any other violation of California’s labor laws.

Under PAGA, an aggrieved employee — any current or former worker subjected to one or more alleged employment violations — can sue their employer for Labor Code violations.

These violations can arise in any number of ways for practically any employment claim, which may be brought under PAGA, including, but not limited to, failing to:

  • Make timely wage payments.
  • Pay minimum wages and overtime premiums.
  • Provide itemized wage statements.
  • Provide mandatory meal and rest breaks.
  • Provide reasonable accommodations for disabled employees.
  • Maintain a safe and healthy workplace.
  • Properly classify workers as employees.
  • Reimburse an employee’s reasonable business expenses.
  • Use the proper protocol when terminating an employee.

Our Los Angeles County mediator allows disputing parties, including individuals seeking civil penalties against their employers, employers, and others, to negotiate a resolution that keeps their claim out of the courtroom. Contact our Los Angeles PAGA claims mediator today to learn how we can help expedite the negotiations to put this matter behind you.

How Are PAGA Claims Filed in California?

Aggrieved employees must initially file PAGA claim notices, responses, and specific court documents with the California Labor and Workforce Development Agency (LWDA).

The PAGA claim must contain specific information, including:

  • Alleged labor law violations, including the basic facts of what happened.
  • A list of laws that were violated.
  • The employees who were affected by the violations.

Once this filing is complete, the claim must be served to the employer via certified mail.

The LWDA has 65 days to act on the claim. If they fail to take the case based on their investigation, employees may file a PAGA lawsuit within one year of the last alleged violation of California labor law.

This type of claim is a representative lawsuit, meaning the individual who files the suit will stand for other employees who have suffered harm.

What Penalties Can Be Recovered from Successful PAGA Negotiations?

Successful PAGA negotiations allow aggrieved employees to recover civil penalties. The penalties will differ for each negotiation based on the violations and the number of impacted employees.

  • 75% of the penalties will go to the state of California.
  • 25% goes to the aggrieved worker(s) who brought the claim and is split between all employees affected by the violations.

Unlike other employment lawsuits, employees cannot recover lost wages and other damages in a PAGA claim.

Because lawsuits under the Private Attorneys General Act have the potential to lead to high payouts, it is crucial to work with a professional mediator who understands the legal settlement procedures to help avoid a court rejecting a settlement. We can help with every part of the PAGA process to help ensure negotiations move efficiently and effectively to reach a satisfactory resolution.

We also focus on the following practice areas in Los Angeles:

Contact Blue Sky Mediation Center Today to Discuss Your PAGA Resolution Needs

Contact our Los Angeles PAGA claims mediator at Blue Sky Mediation Center at 213-376-4130 or contact us online to schedule a free consultation to discuss your legal needs today. We are here to adapt our virtual services to your comfortable environment to help put your dispute behind you, so you can confidently move forward.

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