PAGA Claims

The Private Attorneys General Act (PAGA) lets California employees enforce the Labor Code on behalf of the state, and their coworkers. If your employer has been shorting you on overtime, meal and rest breaks, or final pay, a PAGA lawyer can help you hold it accountable across its whole workforce.

Smith Trial Group represents employees in PAGA and wage-and-hour cases throughout Orange County and Southern California. Consultations are free, and we work on contingency.

On this page: What PAGA is · Common violations · How a PAGA claim works · FAQ

What Is PAGA?

PAGA (Labor Code § 2698 and following) allows an “aggrieved employee,” meaning a current or former employee who personally experienced a Labor Code violation, to sue for civil penalties that otherwise only the state could collect. The penalties are calculated per employee, per pay period, so they can add up quickly. Most of the recovery goes to the state, and a share goes to the affected employees.

PAGA was significantly reformed in 2024. The changes adjusted how penalties are calculated and gave employers more ways to reduce penalties by fixing violations. The law remains one of the most powerful tools California workers have, but the details now matter more than ever, so experienced counsel is important.

Common Labor Code Violations

• Unpaid overtime and double time, including misclassification as “exempt”
• Missed, late, or interrupted meal and rest breaks without premium pay
• Off-the-clock work, such as security checks, pre-shift meetings, or answering messages after hours
• Inaccurate or incomplete wage statements
• Late final paychecks after termination or resignation
• Unreimbursed business expenses, such as mileage or personal cell phone use
• Misclassification of employees as independent contractors

How a PAGA Lawyer Handles Your Claim

1. Notice: before filing suit, the employee must give written notice of the alleged violations to the Labor and Workforce Development Agency (LWDA) and the employer.
2. Waiting period: the LWDA has a set period to decide whether to investigate. If it does not, the employee may file suit.
3. Litigation: the case proceeds in court. Because PAGA claims are brought on behalf of the state, many cannot be fully forced into individual arbitration.
4. Court approval: any PAGA settlement must be submitted to the LWDA and approved by the court.

The deadline to give notice is generally one year from the violation, so timing matters. PAGA claims are often brought alongside individual wage and overtime claims or class actions.

Helpful resources: LWDA: PAGA filings · California Labor Commissioner

Frequently Asked Questions

I signed an arbitration agreement. Can I still bring a PAGA claim?

Often, yes, at least in part. After recent court decisions, an employer may be able to send your individual claims to arbitration, but you can generally still pursue claims on behalf of other employees in court.

Will I be retaliated against for bringing a PAGA claim?

Retaliation for asserting Labor Code rights is itself illegal and can create a separate claim. See retaliation.

Can former employees bring PAGA claims?

Yes, as long as you personally experienced the violations within the limitations period.

Related guides: What is a PAGA claim? · How long do I have to sue my employer?