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Labor Code Violations for Orange County Firms And Employees

Orange County Labor Code Violations Attorneys

— According to top Orange County Employment Attorneys at Mazarei Law Group, Inc., Private Attorneys General Act, commonly known as “PAGA”  was enacted in 2004, under Labor Code 2698-2699.5,  and authorizes aggrieved California employees to file lawsuits so they can recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations.

PAGA lawsuits are not like traditional class action suits where a group of employees come together to seek damages against an employer. Instead, a single employee can start the process, and any other employees that were affected by the same claimed violation are automatically included. Additionally, PAGA lawsuits do not involve damages, but penalties.  Penalties range from $100 to $200 (for subsequent violations) per employee per pay period during the time of the violation.  About 75% of penalties goes to LWDA and the other 25% goes to the employee or employees.

On June 27, 2016, California legislators made important changes to PAGA requirements, as follows:

  • PAGA claims can no longer be filed by mailing the notice.  Instead, 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 Labor and Workforce Development Agency (LWDA) will have 60 days to review a notice under Labor Code § 2699.3(a).
  • After a new PAGA lawsuit is filed with the court, a conformed (or file stamped) copy of the complaint must be provided to LWDA.
  • All settlement of a PAGA action must be approved by the court.  This is true even if the settlement includes no award of PAGA penalties.   At the same time, a copy of a proposed settlement must also be provided to LWDA.
  • A copy of the court’s judgment and any other order that awards or denies PAGA penalties must be provided to LWDA.
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