California has some of the strongest worker protection laws in the nation. Among them is the Private Attorneys General Act (PAGA), a powerful tool that allows employees to take legal action on behalf of the state when employers violate the Labor Code. If your employer is breaking California labor laws, PAGA might give you the ability to hold them accountable—not just for your own benefit, but for your coworkers and the public as well.

At Kingsley Szamet Employment Lawyers, we represent workers in PAGA lawsuits across California. This comprehensive guide explains how PAGA works, the types of violations it covers, and how you can pursue a claim.

Table of Contents

• What Is the Private Attorneys General Act?
• Types of Violations Covered by PAGA
• How PAGA Works
• What Makes PAGA Lawsuits Unique?
• How Are PAGA Penalties Calculated?
• How Are PAGA Penalties Distributed?
• Can Employers Avoid PAGA Lawsuits?
• Recent Developments in PAGA Law
• Do I Have a PAGA Claim?
• Why Choose Kingsley Szamet Employment Lawyers for Your PAGA Case?
• Talk to a PAGA Attorney Today

What Is the Private Attorneys General Act?

The Private Attorneys General Act (PAGA) was enacted in 2004 to help address the lack of enforcement of California labor laws due to limited state resources. The law authorizes employees to bring lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California.

When an employer violates the Labor Code, the California Labor Commissioner is responsible for enforcement. But due to staffing and budget limitations, many violations go unchecked. PAGA fills that gap by letting private citizens act as “private attorneys general.”

This means you can bring a representative lawsuit for violations affecting not only yourself, but also other employees—even if you were not personally harmed by every violation.

Types of Violations Covered by PAGA

PAGA allows employees to sue for violations of various provisions in the California Labor Code and health and safety laws. Examples of covered violations include:

• Unpaid minimum wage or overtime
• Failure to provide meal and rest breaks
• Late or missing final paychecks
• Incorrect or incomplete wage statements
• Failure to reimburse employees for business expenses
• Misclassification of workers as independent contractors
• Off-the-clock work or illegal time rounding
• Workplace safety violations

These violations can occur across multiple pay periods and affect dozens or even hundreds of employees—magnifying the potential penalties in a PAGA claim.

How PAGA Works

Bringing a PAGA claim involves several procedural steps, and strict compliance with the law is required. Here's how the process works:

1. Notice to the LWDA: Before filing a lawsuit, the employee must submit a written notice to the California Labor and Workforce Development Agency (LWDA) and the employer. This notice must describe the specific Labor Code violations and the facts and theories supporting them.
2. 65-Day Waiting Period: The LWDA then has 65 calendar days to investigate. If it chooses not to investigate or fails to respond, the employee can proceed with the lawsuit.
3. Filing a Lawsuit: If the LWDA declines to act, the employee may file a representative PAGA action in civil court.

Note: If you skip the notice or make procedural errors, your PAGA claim may be dismissed. That's why working with an experienced attorney is crucial.

What Makes PAGA Lawsuits Unique?

Unlike class actions, PAGA claims do not require class certification. Instead, they are “representative actions” filed on behalf of the state. This has several implications:

• You're enforcing the law in the public interest, not just seeking personal damages.
• You may recover civil penalties even for violations that did not directly harm you.
• The case is about penalties, not unpaid wages—though you may bring separate claims for wages.

This structure allows workers to hold employers accountable in situations where class certification would be too difficult or time-consuming.

How Are PAGA Penalties Calculated?

PAGA sets default penalties for each Labor Code violation:

• $100 per employee per pay period for an initial violation
• $200 per employee per pay period for each subsequent violation

Penalties accumulate quickly. For example, if an employer commits a recurring wage statement violation affecting 50 employees over 10 pay periods, the penalties could exceed $250,000.

How Are PAGA Penalties Distributed?

Under California Labor Code § 2699(i), civil penalties obtained through PAGA are divided as follows:

• 75% to the state (Labor and Workforce Development Agency)
• 25% to the affected employees

Additionally, if successful, the plaintiff is entitled to recover attorney's fees and litigation costs, which further incentivizes skilled legal representation.

Can Employers Avoid PAGA Lawsuits?

Employers have tried to use arbitration agreements and class action waivers to avoid PAGA suits. However, the California Supreme Court in Iskanian v. CLS Transportation (2014) held that employees cannot waive their right to bring PAGA actions.

That ruling stood until Viking River Cruises v. Moriana (2022), when the U.S. Supreme Court held that individual PAGA claims could be compelled into arbitration. But the broader representative claim under PAGA may still be pursued.

The legal landscape is evolving, but for now, most PAGA actions can proceed even where arbitration agreements exist—especially when workers bring claims on behalf of others.

Recent Developments in PAGA Law

In 2024 and 2025, courts began scrutinizing PAGA claims more closely for manageability. Some judges have dismissed or limited actions involving large groups of workers where individualized proof is required. This signals a trend toward stricter standards for representative actions.

Additionally, legislative discussions are underway to reform PAGA by capping penalties, introducing employer cure rights, and requiring stronger evidence for certain claims. However, no major changes have passed into law as of mid-2025.

Workers should act quickly if they believe their rights have been violated. Waiting for the law to change could result in missed deadlines or loss of eligibility.

Do I Have a PAGA Claim?

You may have a valid PAGA claim if your employer has committed a Labor Code violation that results in civil penalties. These can include:

• Not providing meal or rest breaks
• Misclassifying employees as independent contractors
• Failing to include all required information on pay stubs
• Requiring off-the-clock work
• Late or missing final paychecks

Even small violations can result in large penalties over time, especially if they affect many employees. If you're unsure whether you have a case, a consultation with a knowledgeable employment attorney can help.

Why Choose Kingsley Szamet Employment Lawyers for Your PAGA Case?

Kingsley Szamet Employment Lawyers is one of California's most respected employee rights law firms. We have decades of experience litigating wage and hour claims, including PAGA lawsuits involving large employers and complex legal issues.

We have recovered millions of dollars for workers across California and have earned a reputation for aggressive, ethical, and successful advocacy. Our attorneys are regularly recognized by Super Lawyers, AVVO, and national legal organizations for excellence in employment law.

When you choose us to handle your PAGA case, you can expect:

• Personalized attention from experienced attorneys
• No upfront fees—we only get paid if we win
• A proven track record in complex PAGA and wage & hour cases

Talk to a PAGA Attorney Today

Is your employer cutting corners on your rights? Are you concerned about Labor Code violations that may affect you and your coworkers?

Contact Kingsley Szamet Employment Lawyers today for a free, confidential consultation. We'll evaluate your potential PAGA claim, explain your legal options, and help you take the next step toward justice.

Click here to schedule your consultation.