Labor regulations

Employer Law: The Labor Code Private Attorneys General Act (PAGA)

July 11, 2016 | Al Mohajerian

The Labor Code Private Attorneys General Act (PAGA) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations.  PAGA cases must follow the requirements specified in Labor Code Sections 2698 – 2699.5.   SB 836 became effective on June 27, 2016.  It made important changes in PAGA requirements.  These requirements apply prospectively to all pending PAGA cases as well as new ones.

  • All new PAGA claim notices must be filed online, with a copy sent by certified mail to the employer.
  • All employer cure notices or other responses to a PAGA claim must be filed online, with a copy sent by certified mail to the aggrieved employee or aggrieved employee’s representative.
  • A filing fee of $75 is required for a new PAGA claim notice and any initial employer response [cure or other response] to a new PAGA claim notice.
  • The filing fee may be waived if the party on whose behalf the notice or response is filed is entitled to in forma pauperis status.
  • The time for the Labor and Workforce Development Agency (LWDA) to review a notice under Labor Code § 2699.3(a) has been extended from 30 to 60 days.
  • When filing a new PAGA lawsuit in court, a filed-stamped copy of the complaint must be provided to LWDA. (Applies only to cases in which the initial PAGA claim notice was filed on or after July 1, 2016.)
  • Any settlement of a PAGA action must be approved by the court, whether or not the settlement includes an award of PAGA penalties.
  • A copy of a proposed settlement must be provided to LWDA at the same time that it is submitted to the court.
  • A copy of the court’s judgment and any other order that awards or denies PAGA penalties must be provided to LWDA.

All items that are required to be provided to the LWDA must be submitted online. All PAGA related notices and documents are no longer required to be submitted to LWDA by certified mail.

MOHAJERIAN LAWYERS REPRESENT EMPLOYERS THROUGHOUT CALIFORNIA

Filed Under: Labor & Employment, Litigation, PAGA