The Private Attorneys General Act (PAGA) was established in California to empower employees to file civil claims for labor code violations on their behalf, fellow workers, and the state. These claims often involve numerous employees, multiple parties, and substantial sums, making them complex and challenging to resolve.
At Blue Sky Mediation Center in San Francisco, our seasoned mediators possess specialized expertise in dealing with the complexities of PAGA actions. We understand the ups and downs of structuring settlements that require court approval and additional negotiations. Our mediators leverage their profound knowledge, honed skills, and comprehensive resources to facilitate a fair and appropriate resolution that serves all parties’ interests.
If you are an aggrieved employee or an employer facing a PAGA claim, our San Francisco mediators stand ready to guide you through this complicated process. Allow us to help you reach an equitable outcome through our initial consultation and tailored mediation services.
Employees in San Francisco can file a PAGA claim against their employer for various labor code violations. These claims commonly involve situations where the employer failed to:
Essentially, any breach of California’s extensive labor laws can potentially trigger a PAGA claim. This covers explicit labor code violations listed in the statute, as well as violations of health and safety regulations.
Both current and former employees who directly experienced a labor violation are considered “aggrieved employees” eligible to pursue PAGA penalties. The claim allows them to seek civil penalties not just for themselves but for all affected employees and the state of California.
Common PAGA claims arise from unpaid wages, missed break periods, unsafe working conditions, misclassification issues, improper final paychecks after termination, and more. The violations can impact just a single worker or large groups across the company.
At Blue Sky Mediation Center in San Francisco, our skilled mediators can guide aggrieved employees, employers, and all parties through this complex process toward a fair resolution, avoiding costly litigation.
To initiate a PAGA claim in California, an aggrieved employee must first file a notice with the California Labor and Workforce Development Agency (LWDA). This notice must contain specific details, including:
The notice gets served to the employer via certified mail. The LWDA has 65 calendar days to decide whether to investigate and potentially pursue the claim.
If the LWDA declines to take action after their investigation period, the aggrieved employee who filed the initial notice can proceed by filing a formal PAGA lawsuit in court. However, this must be done within one year of the last alleged labor violation.
A PAGA lawsuit is considered a representative action. While only one employee files it, they do so, representing all other aggrieved employees affected by the same violations. Any civil penalties awarded get split between the state and all employees harmed.
The notice and strict time limitations make filing a PAGA claim a multi-step process with precise requirements. An experienced PAGA mediator can guide employees and employers through these complexities toward a potential resolution.
Through successful PAGA negotiations, aggrieved employees can recover civil penalties from the employer. The total penalty amount varies based on the specific labor violations and how many employees were impacted.
Of the negotiated penalty, 75% goes to the state of California. The remaining 25% is distributed among all affected employees, including the worker(s) who initially brought the PAGA claim.
It is important to note that, unlike traditional employment lawsuits, PAGA claims do not allow employees to recover lost wages, damages for emotional distress, or other monetary compensation beyond their portion of the civil penalties.
Reach out to Blue Sky Mediation Center in San Francisco at 213-376-4130 for a free consultation on your PAGA claim. Our skilled mediators provide tailored virtual services, ensuring a comfortable environment to help resolve your labor dispute effectively.
