PAGA Claims in California: What Employees Need to Know About Suing on Behalf of Others

If your employer has violated California labor law, you may have the right to take legal action not just for yourself but on behalf of your coworkers as well. This is the core idea behind PAGA claims in California. Under the California Private Attorneys General Act, eligible employees can step in as private enforcers of the state’s labor laws and seek civil penalties against employers who have broken those rules.

This post explains how PAGA works, who can file a claim, what the process looks like, and what changed after the 2024 reforms.

What Is a PAGA Claim?

PAGA stands for the Private Attorneys General Act, codified under California Labor Code Sections 2698 through 2699.8. The law gives employees the authority to file lawsuits on behalf of the State of California to recover civil penalties for Labor Code violations.

Instead of the state’s labor agency pursuing every employer violation on its own, PAGA allows workers to do it themselves. When penalties are recovered, the split is 65% to the state and 35% to the affected employees.

How Is a PAGA Claim Different From a Class Action?

• Class action lawsuits are filed by employees on their own behalf and require a formal certification process before the case can proceed.
• PAGA claims are filed on behalf of the state. There is no class certification required, which can make PAGA a more accessible path for workers who have experienced Labor Code violations.

Both can be powerful tools, and in some cases they may be pursued together. An experienced employment attorney can help you understand which approach fits your situation.

Who Can File a PAGA Claim in California?

Not everyone can bring a PAGA action. Under the 2024 reforms (AB 2288 and SB 92, signed July 1, 2024), the law tightened the rules around standing.

To file a PAGA claim, you must be an “aggrieved employee,” which means:

• You are or were employed by the company you are filing against.
• You personally suffered at least one of the Labor Code violations you are claiming.

This last point is significant. Before 2024, a single employee could sometimes bring claims based on violations they had never personally experienced. The reforms changed that. Today, plaintiffs must show they were directly affected by the violations they allege.

Common Violations That Trigger PAGA Claims

PAGA claims can arise from many types of Labor Code violations. Some of the most frequently cited include:

• Missed or shortened meal and rest breaks
• Unpaid overtime
• Inaccurate wage statements
• Failure to reimburse business expenses
• Off-the-clock work

If you work in a professional environment in the San Francisco Bay Area or Sacramento region and believe your employer has engaged in any of these practices, it may be worth speaking with an attorney to assess your options.

How the PAGA Filing Process Works

Filing a PAGA claim follows a specific process that is different from most other employment lawsuits. Here is a general overview:

Step 1: File a Notice With the LWDA

Before filing a lawsuit, you must submit a written notice to the California Labor and Workforce Development Agency (LWDA) and serve a copy on your employer. This notice must identify the specific Labor Code sections you believe were violated and explain the facts supporting your claim. Vague or general allegations are not sufficient.

As of 2026, the LWDA is also working on proposed regulations that would require claimants to use a standardized notice form, which would add more formal requirements to this step.

The filing fee is $75.

Step 2: Wait for the LWDA to Respond

After the LWDA receives your notice, it has 65 days to decide whether to investigate the claim itself. If the agency declines to pursue it, you may file your own PAGA lawsuit in civil court.

Step 3: File the Lawsuit

Once you have the green light to proceed, your attorney can file the representative PAGA action in court. The case moves forward without requiring class certification, though your employer may raise challenges related to your standing or the adequacy of your notice.

Step 4: Resolution

Many PAGA cases settle before trial. Any settlement must be approved by the court and submitted to the LWDA for review. If the case goes to judgment, penalties are calculated on a per-employee, per-pay-period basis, which can add up quickly depending on how many employees were affected and how long the violations occurred.

What the 2024 PAGA Reforms Mean for Employees

The 2024 amendments were the most significant changes to PAGA since the law was originally passed in 2004. Here is what employees should know:

• Stricter standing rules. You can now only bring claims for violations you personally experienced.
• Penalty adjustments. Employers who can show they took reasonable steps to comply with the law may qualify for reduced penalties.
• Expanded cure opportunities. Employers have more avenues to correct certain violations before a claim moves forward, which could affect the outcome of your case.
• More agency oversight. The LWDA is taking a more active role in reviewing both notices and settlements.

These changes do not eliminate PAGA as an enforcement tool. PAGA filings reached a record high in 2025, with over 10,000 notices filed with the LWDA. [VERIFY] The reforms changed how cases are defended, not how often employees are experiencing violations.

Frequently Asked Questions About PAGA Claims in California

What is a PAGA claim and how does it work in California?

A PAGA claim allows an eligible employee to sue their employer on behalf of the State of California for Labor Code violations. The employee acts as a private attorney general, seeking civil penalties that are then split between the state and affected workers.

Can I file a PAGA claim on behalf of other employees?

Yes, if you personally suffered at least one of the violations at issue, you may bring a representative PAGA action covering other employees who experienced similar violations. You do not need to have experienced every violation you are claiming on behalf of others, but you must have personally suffered at least one.

How much do employees receive from a PAGA settlement in California?

Under current law, 65% of PAGA penalties go to the state, and 35% is distributed among the aggrieved employees. The amount each individual employee receives depends on the total penalties recovered and the number of affected workers.

What are the deadlines for filing a PAGA claim in California?

You generally have one year from the date of the alleged Labor Code violation to file your LWDA notice. Because this window is relatively short and the notice requirements are detailed, speaking with an attorney as early as possible is advisable.

Take the Next Step

A PAGA claim can be a meaningful way to hold employers accountable and recover civil penalties for yourself and your coworkers. Contact TONG LAW for a case review to understand whether your situation qualifies.

You can reach us at (855) TONG-LAW or through our online contact form.