New Amendments Significantly Alter the Ways in Which PAGA Claims Are Brought

and Processed
Back in 2004, California adopted a novel approach to enforcing its Labor Code by enacting
the Private Attorney General Act (PAGA). This law essentially allows a private citizen to act
as a pseudo-Attorney General and pursue civil penalties on behalf of the State of Californias
Labor and Workforce Development Agency (LWDA).

In order to file a claim pursuant to PAGA, an aggrieved employee (private citizen) must
inform the LWDA of his/her employers alleged violations of the Labor Code. The LWDA then
has a certain time period to either elect to investigate and litigate the alleged claims itself or
notify the aggrieved employee that it is declining to do so. If, as of the end of such time
period, the aggrieved employee has either received notice from the LWDA that it is
declining to pursue the case, or has not received notice at all, then the aggrieved employee
is permitted to seek civil penalties not only for violations that he/she personally suffered but
also for corresponding violations of other current or former employees. Any resulting civil
penalties are split between the LWDA and the employee; the LWDA receives 75%, while the
employee(s) receives the remaining 25%.
There are three classes of violations which are prescribed different procedures. The first
class consists of more serious violations. The second class consists of Health and Safety
violations. The third and final class consists of all other Labor Code violations that do not fall
in to the other two categories. In general, these are considered less serious, and the
employer is given the opportunity to fix the problem before a lawsuit can be filed. If the
employer fixes the alleged problems going forward, then the aggrieved employee cannot
sue for fines for past actions.

On June 27, 2016, Governor Jerry Brown signed into law a set of amendments to PAGA,
which will expand labor officials involvement in PAGA claims and, in effect, drag out and
complicate the PAGA process. These amendments are not particularly helpful to the
employees, and they go into effect beginning on July 1, 2016. The most notable
amendments are as follows:
PAGA notices must be submitted to the LWDA online and must accompany a filing fee of
$75.
The LWDA has 60 days to review PAGA notices and to decide whether or not to investigate
the alleged violation, instead of the current 30 days.
The LWDA has 65 days to notify the plaintiff and employer of its intent to investigate,
instead of the current 33 days; therefore, PAGA plaintiff cannot file a lawsuit until 65 days
after sending notice to the LWDA.
The LWDA has up to 180 days to issue citations.
The LWDA must be served with a conformed copy (file-stamped copy), that includes the
case number assigned by the court, of any PAGA complaint filed in court, within 10 days of
commencement of a civil action, for cases filed on or after July 1, 2016.
The LWDA must be provided with a proposed PAGA settlement, at the same time the
settlement is submitted to the court for approval.
The LWDA must be provided with any court order that approves or denies PAGA
settlement, within 10 days of entry of such judgment or order.
Employers may cure alleged violation within 33 days of the notice to the LWDA and must
submit PAGA cure notices to the aggrieved employee or representative by certified mail and
to the LWDA by online filing.
If you are considering pursuing PAGA claims against your employer, you should pay
particular attention to the new amendments that significantly alter the ways in which PAGA
claims are now brought and processed. If you are uncertain about whether or not you have
a valid PAGA claim against your employer, then you should seek immediate consultation
with an attorney who specializes in employment law and in particular, wage and hour law.
To learn more visit Rushovich Mehtani LLP http://www.rmlawpartners.com/ .