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ARTICLE · 03 JANUARY 2024

Developments In PAGA Litigation

Jeffer Mangels & Mitchell LLP
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Ever since California enacted the Private Attorneys General Act (PAGA) in 2004, employers have faced a barrage of PAGA lawsuits, either as stand-alone actions or as part of wage and hour class actions.

United StatesEmployment and HR
Jeffer Mangels & Mitchell LLP
Jeffer Mangels & Mitchell LLP
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This article is part of our 2024 Labor & Employment Roundup. To read the other articles, click below:

Recent and Upcoming Legislation Impacting Employers in 2024
Recent National Labor Relations Board Rulings

Ever since California enacted the Private Attorneys General Act (PAGA) in 2004, employers have faced a barrage of PAGA lawsuits, either as stand-alone actions or as part of wage and hour class actions.

Although PAGA claims can seem similar to class actions in that they allow one individual to recover on behalf of others, PAGA claims are unlike class actions in several ways. Importantly, PAGA actions are subject to a one year statute of limitations, and allow the recovery of civil penalties which can multiply quickly: $100 per employee, per pay period, for an initial violation and $200 per employee, per pay period, for a subsequent violation. A "violation" is an employer's failure to follow a provision of the California Labor Code.

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