PAGA & wage and hour class action lawyers in CaliforniaOne time card. A whole workforce.
You are not the only one, and you don’t have to stand alone.
For California hourly and non-exempt workers whose employer shorts everyone the same way: missed meal and rest breaks, off-the-clock work, unpaid overtime, rounded time, misclassification, late final pay.
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- Serving California workers since 2012
Strength in numbers
How many coworkers did this happen to?
When a company shorts one worker, it rarely stops at one. California law gives a single worker ways to act for everyone the same practice touched.
- Just meJust you? Your own claim for unpaid wages and missed-break pay still counts, and you can bring it on your own.
- 10Ten of you, the same missed break. Under PAGA, one worker who lived it can seek civil penalties for every affected coworker, on the State’s behalf.
- 50Fifty of you, one practice. A class action can recover unpaid wages for the whole group once a court certifies the class.
- 200Two hundred of you, one time clock. The two can run together: PAGA penalties are shared with the State, and a class action returns unpaid wages to the workers.
An illustration, not a calculator. It doesn’t estimate what any claim is worth; every case turns on its own facts.
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The same shortcut, taken with everyone
If more than one of these is true at your job, it’s probably true for the people next to you too. That matters, because the law lets one worker’s claim reach the whole group.
- Everyone on your shift misses meal or rest breaks because the floor can’t spare anyone.
- You set up, suit up or wait through security checks before you can clock in, or after you clock out.
- The whole crew works long days and long weeks, and overtime pay never shows up.
- You’re called “independent contractors,” but you work set shifts, under supervision, like employees.
- The time clock rounds your punches, and it always seems to round toward the company.
- Everyone’s pay stubs leave out hours, rates or the company’s legal name.
- People who quit or were let go waited days or weeks for their final paycheck.
- You want to do something about it without being the only one who sticks their neck out.
How a PAGA claim worksSpeak up once, for everyone it happened to.
Under PAGA, you step forward on the State’s behalf. You don’t stand alone.
A PAGA claim starts with a written notice to the State and your employer. Here is how it moves from there, step by step, and how a class action differs.
Notice of Labor Code violationsPrivate Attorneys General Act · Lab. Code § 2699.3
- To
- Labor & Workforce Development Agency · online filing
- Copy
- The employer · certified mail
- From
- An aggrieved employee, for themselves and other current and former employees
Violations alleged
- Meal and rest periods not provided§ 226.7
- Overtime not paid§ 1194
- Inaccurate wage statements§ 226
- Final wages paid late§§ 201–203
The path of a claim
How a PAGA claim moves, step by step
A PAGA claim starts with a notice to the State, not a lawsuit. Choose any step to read what happens there. Below it, a class action, for comparison.
PAGACivil penalties, recovered on the State’s behalf
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Step 1 · Day 0
Notice to the LWDA and the employer
Before any lawsuit, a written notice is filed online with the Labor & Workforce Development Agency (LWDA) and sent to the employer by certified mail. It names the Labor Code sections violated and the facts and theories behind them.
The filing fee is $75, and it can be waived for workers who qualify for a court fee waiver.
Lab. Code § 2699.3(c)(1) -
Step 2
The waiting period
The agency has 60 calendar days from the postmark to say whether it will investigate. If it says it won’t, the case can be filed once that notice arrives. If the agency doesn’t respond, the case can generally be filed after 65 calendar days.
The time spent waiting on the agency doesn’t count against the one-year deadline. If the agency decides to investigate, longer timelines apply.
65 days if the agency doesn’t respond Lab. Code § 2699.3(c)(1), (e) -
Step 3 · Where the law allows
A chance to cure
An employer with fewer than 100 employees can send the agency a confidential proposal to cure the violations within 33 days of receiving the notice. To cure means to correct the violation and make each affected employee whole. Some wage-statement violations can be cured within 33 days of the postmark.
A larger employer can instead ask the court, once the case is filed, for an early evaluation conference to try to fix the problems and resolve the case. An employer can’t use the notice-and-cure process more than once in 12 months for the same violations.
33 days to propose a cure Lab. Code §§ 2699(d); 2699.3(c)(2)–(3), (d), (f) -
Step 4
The lawsuit
If the violations aren’t cured, the case is filed in superior court, for you and the other current and former employees the same violations reached. A copy of the complaint goes to the agency within 10 days.
You must have personally experienced each violation you raise, within the one-year period. No class certification is needed for a PAGA claim.
Lab. Code § 2699(a), (c)(1), (s)(1) -
Step 5
Court approval
A judge must review and approve any settlement of a PAGA case. The proposed settlement goes to the agency at the same time it goes to the court, so the State sees it too.
Lab. Code § 2699(s)(2) -
Step 6
Penalties divided
PAGA penalties are counted per employee, per pay period. Whatever is recovered is split: 35% to the aggrieved employees and 65% to the LWDA. The 2024 changes let penalties be reduced for employers that took reasonable steps to comply.
A worker who wins is entitled to reasonable attorney’s fees and costs, and the court can order the employer to change unlawful practices.
Lab. Code § 2699(f), (g)–(h), (k)(1), (m)
Where PAGA penalties go, drawn to scale
Lab. Code § 2699(m)
Class actionUnpaid wages, recovered for the group
- 1 · FilingOne or more workers sue for everyone in the same situation. No notice to the State is needed first.
- 2 · CertificationThe court decides whether the group is similar enough to go forward together as a class.
- 3 · Notice and opt-outClass members are told about the case and can choose to opt out and keep their own claims.
- 4 · Wages to class membersA settlement needs court approval. The money goes to the class members, with no share to the State.
The law in plain English
Two ways one worker can speak for many
California gives workers two different tools for a problem that reaches the whole workforce. One recovers penalties on the State’s behalf; the other recovers wages for a group. A case can use both.
| Question | PAGA claimLab. Code § 2698 and following | Class actionCode Civ. Proc. § 382 |
|---|---|---|
| What it is | A worker steps into the State’s shoes and sues for civil penalties for Labor Code violations, for themselves and other current or former employees. | One or more workers sue for a whole group of workers who share the same claims, when the group is too large to bring everyone into court. |
| What it recovers | Civil penalties, counted per employee and per pay period. A court can also order the employer to change unlawful practices. | Unpaid wages, break premiums, statutory penalties and interest owed to each worker in the class. |
| Where the money goes | 35% to the affected employees, 65% to the Labor & Workforce Development Agency (LWDA). | To the workers in the class. |
| Before filing | Written notice to the LWDA (filed online, with a $75 fee that can be waived) and to the employer by certified mail, then a response period. If the agency doesn’t decide to investigate, suit can generally follow 65 days after the notice. | No notice to the State is required before filing in court. |
| The court’s role | No class certification. A court must review and approve any settlement, which also goes to the LWDA. | A court must certify the class. Workers are notified and can opt out, and a court must approve any settlement. |
| Who can bring it | A worker who personally suffered each violation they raise, within the one-year limitations period. | A worker whose claims are typical of the group and who can fairly represent it. |
They fit together: one case can seek wages for the group as a class and penalties for the State under PAGA.
Read our guide to PAGA claims and penalties
For PAGA notices filed on or after June 19, 2024
What the 2024 reforms changed
- Workers’ share of the penalties rose to 35%, with 65% to the LWDA.Lab. Code § 2699(m)
- The worker bringing the claim must have personally experienced each violation they raise, within the one-year period.Lab. Code § 2699(c)(1)
- Penalties can be capped at 15% or 30% of the amount sought for employers that took all reasonable steps to comply, before the notice or within 60 days after it.Lab. Code § 2699(g)–(h)
- Employers with fewer than 100 employees can propose a cure to the LWDA; larger employers can ask the court for an early evaluation conference.Lab. Code § 2699.3(c)(2), (f) · operative Oct. 1, 2024
- Courts can now order injunctive relief, and can limit a claim’s scope so it can be tried effectively.Lab. Code § 2699(k)(1), (p)
If you signed an arbitration agreement
Arbitration doesn’t always end the case
- An arbitration agreement can send your own wage claims to private arbitration instead of court.
- If it includes a class-action waiver, that waiver can generally block a class action.
- Your own PAGA claim may go to arbitration too. The PAGA claims for violations against other workers can stay in court, and you can generally keep pursuing them; the court may pause them while the arbitration goes forward.
- An agreement signed in advance can’t take away your right to bring PAGA claims for other employees altogether.
It depends on the agreement. Whether an agreement can be enforced turns on its exact wording, how it was presented and which arbitration law governs it, and courts still disagree on some of these questions. Bring it to your free case review.
Deadlines
The clocks that matter
- 1 yrPAGA claimsGenerally one year from the violation. The time spent waiting on the LWDA doesn’t count against it.Code Civ. Proc. § 340(a); Lab. Code § 2699.3(e)
- 65 daysLWDA response periodIf the agency doesn’t act sooner, a PAGA lawsuit can generally be filed 65 days after the notice was sent.Lab. Code § 2699.3(a)(2), (c)(1)
- 3 yrsMost wage claimsClaims for unpaid wages under the Labor Code generally have three years. Some penalties have only one.Code Civ. Proc. §§ 338(a), 340(a)
- 4 yrsWith an unfair competition claimRestitution of unpaid wages under the unfair competition law can reach back up to four years.Bus. & Prof. Code § 17208
Speaking up is protected
Your employer can’t fire, demote, threaten or punish you for complaining about unpaid wages, filing a claim, standing up for your coworkers’ pay, or reporting Labor Code violations to a government agency such as the LWDA. If you’re punished within 90 days of a wage complaint, the law presumes it was retaliation, and the employer has to rebut it. Lab. Code §§ 98.6, 1102.5 Read about retaliation claims
What you can recover
What the law can put back on the stub
No one can promise an amount. What a case can recover depends on the hours, the pay periods, the number of workers and the proof. These are the categories California law provides.
Statement of what the law providesWage & hour · California
- Unpaid wagesMinimum wage and overtime for every hour worked, including time off the clock.Lab. Code § 1194
- Break premiumsOne additional hour of pay at your regular rate for each workday a required meal or rest break wasn’t provided.Lab. Code § 226.7(c)
- Waiting-time penaltiesIf final wages were willfully paid late, your daily wages continue as a penalty, for up to 30 days.Lab. Code § 203
- Wage-statement penaltiesFor knowing and intentional pay stub errors: the greater of your actual damages or $50 for the first pay period and $100 for each later one, up to $4,000 per worker.Lab. Code § 226(e)
- InterestInterest on unpaid wages from the date they were due.Lab. Code § 218.6
- PAGA penaltiesCivil penalties for the violations, split 35% to the affected employees and 65% to the LWDA.Lab. Code § 2699(m)
- Attorney’s fees and costsPaid by the employer when the law allows, as it does for many wage claims and for a worker who prevails under PAGA.Lab. Code §§ 218.5, 226(e), 1194, 2699(k)(1)
AmountDepends on the facts. Never promised.
No attorney’s fee and no case costs unless we recover money for you. If we do, our fee is a percentage of the recovery, and the case costs we advanced are repaid from your share — all set out in your written fee agreement.
In class actions and PAGA cases, a court must also approve any settlement before it is final.
What to gather
Keep the paper trail, quietly
You don’t need all of this to call us, and you don’t need to talk to coworkers first. Keep copies of what you already have access to, on your own phone or at home.
- Pay stubs, as many pay periods as you have
- Time records, or screenshots of the time-clock app
- Work schedules and shift assignments
- Written policies and the employee handbook
- Any arbitration agreement you signed
- Names of coworkers affected (no need to contact them)
- Texts or emails about breaks or off-the-clock work
- Your own notes: dates, times, who said what
Once we take your case, you can upload these documents securely in your client app.
Results
Results in wage and hour class and PAGA cases
- Settlement$1,800,000Wage and Hour Class Action
- Settlement$1,200,000Wage and Hour Class & PAGA Action
Prior results do not guarantee a similar outcome.
See all resultsFor attorneys
Refer a PAGA or class case
Attorneys can refer PAGA and wage and hour class matters to us for co-counsel, litigation support, or direct representation of the client. Share the basics and any upcoming deadlines through our referral page, and we will review the matter and follow up.
Helpful to have when you call
- Whether a PAGA notice has been filed, and the date
- Any arbitration agreement or class-action waiver
- The employer, the roles affected and a rough headcount
- The practices at issue and the time period
- Any deadlines already running
Referral terms are discussed directly and put in writing.
FAQ
PAGA and class action questions
What is a PAGA claim?
PAGA is California’s Private Attorneys General Act, Labor Code section 2698 and the sections that follow. It lets a worker who personally experienced Labor Code violations recover civil penalties on the State’s behalf, for the violations against them and against other current or former employees. First, the worker gives written notice to the Labor & Workforce Development Agency (LWDA) and the employer, then waits for the agency’s response period to run.
How much is a PAGA claim worth?
It depends on the facts: how many workers were affected, for how many pay periods, and which Labor Code sections were violated. PAGA penalties are counted per employee, per pay period, for each violation within the one-year period. The law sets default amounts, raises or lowers them in some situations, and caps them for employers that took reasonable steps to comply; courts can also award less. Of what’s recovered, 35% goes to the affected employees and 65% to the LWDA. Your own unpaid wages can be claimed alongside.
PAGA vs. class action: what’s the difference?
A class action recovers unpaid wages and penalties for a group of workers, and the money goes to the workers in the class. A court must certify the class, and class members are notified and can opt out. A PAGA claim recovers civil penalties on the State’s behalf, split 65% to the LWDA and 35% to the affected employees. It requires notice to the LWDA first, but no class certification. The two are often brought together.
Can I file a PAGA claim if I signed an arbitration agreement?
Often, yes. An arbitration agreement may send your own PAGA claim and your individual wage claims to arbitration. But the PAGA claims for violations against other workers can stay in court, and you can generally keep pursuing them; the court may pause them while the arbitration goes forward. An agreement signed in advance can’t take away your right to bring PAGA claims for other employees altogether. A class-action waiver in the agreement can generally block a class action. Whether an agreement is enforceable depends on its terms and how it was signed, so bring it to your free case review.
Can my employer fire me for filing a class action or PAGA claim?
No. California law prohibits retaliation against workers who complain about unpaid wages, file a claim, stand up for coworkers’ pay rights, or report Labor Code violations to a government agency such as the LWDA (Labor Code sections 98.6 and 1102.5). If you’re punished within 90 days of a wage complaint, the law presumes it was retaliation, and the employer has to rebut it.
How long do I have to file a PAGA claim?
Generally one year from the violation. The written notice to the LWDA comes first, and the time spent waiting on the agency doesn’t count against the deadline. To bring the claim, you must have personally experienced each violation you raise within that one-year period. Claims for your own unpaid wages generally have three years, or up to four with an unfair competition claim. Don’t wait to find out which applies to you.
Do I have to pay to bring a class action?
No. No attorney’s fee and no case costs unless we recover money for you. If we do, our fee is a percentage of the recovery, and the case costs we advanced are repaid from your share — all set out in your written fee agreement. In class actions and PAGA cases, a court must also approve any settlement.
Related claims
Related claims and free tools
- Practice areaWage & Hour ViolationsUnpaid overtime, missed meal and rest breaks, misclassification and late paychecks.
- Free toolWage & Hour CalculatorA rough look at your own unpaid wages, missed breaks and final-pay delays.
- GuidePAGA Claims and PenaltiesOur guide to Labor Code § 2699: notice, penalties, the 2024 reforms.
- Practice areaRetaliation ClaimsWhen speaking up about pay costs you your job, your hours or your shifts.
- Practice areaWhistleblower RetaliationProtection for reporting Labor Code violations to a government agency.
- Practice areaWrongful TerminationFired after raising pay problems, or for joining coworkers who did.
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