San Diego PAGA Attorneys
Helping Employees Pursue Lawsuits Against Their Employers
California has several laws protecting the rights of workers. Because violations can affect the future and livelihood of employees, non-compliance with the statutes is taken seriously. However, limited resources make it difficult for the Labor and Workforce Development Agency (LWDA) to investigate and enforce all violations. In response, and to ensure employer non-compliance is addressed and remedied, the Labor Code Private Attorneys General Act (PAGA) of 2004 was enacted. PAGA allows aggrieved employees to file lawsuits against their employers when they have engaged in unlawful workplace practices. In essence, the person bringing the lawsuit acts on behalf of the LWDA to hold employers accountable for their actions. And while PAGA gives greater power to employees who have been treated unjustly, pursuing a claim under the law is complex, as it's different from most other civil cases. Thus, if you are considering filing a suit against your employer, speak with an employment law attorney about your case and get the legal guidance you need to handle the matter effectively.
When you choose The Law Office of George Gedulin for legal representation, you will have an advocate on your side, working to ensure your claim is filed successfully and your allegations of employer misconduct are expressed thoroughly. Recognizing how complicated these matters can be, our San Diego PAGA lawyers will be available 24/7 to respond to your questions and concerns.
Aggrieved Employees Taking Legal Action
Under California Labor Code 2699, aggrieved employees are authorized to take legal action against employers that have violated employment laws. The statute defines an "aggrieved employee" as a person who currently or formerly worked for the offending employer and who was affected by one or more violations. This means that if you intend to file a civil claim, you do not need to be working for the company you are suing. You only had to have been unjustly treated because of an employment law violation. Additionally, because you are acting as a proxy for the LWDA, even if you had a clause in your employment contract prohibiting you from taking legal action against your employer, you can still file a claim under PAGA.
The only time you would not be able to pursue a PAGA lawsuit is when the LWDA has already brought legal action for the same violations you are alleging.
At the Law Office of George Gedulin, we will review your case and help determine whether or not you can make a claim against your employer.
The Types of Violations That Can Lead to PAGA Claims
Employers are required to abide by various labor laws. A violation of any of California's statutes concerning safe and fair working conditions may warrant a PAGA claim.
Some of the reasons a lawsuit can be initiated include when employers:
- Require employees to work during rest periods
- Round time entries
- Fail to pay minimum wages
- Fail to pay employees on time
- Fail to compensate employees for work-related expenses
The list above is not exhaustive. Many other labor law or health and safety violations may lead to a lawsuit. Our PAGA attorneys in San Diego will evaluate your case and let you know if you have a right to sue your employer.
How to File a PAGA Claim
The process for bringing a lawsuit under PAGA begins with submitting an online form to the LWDA. Although this may seem like a simple step, you must include the details of the alleged conduct, the specific laws your employer violated, and the employees affected by the violation. Backed by an in-depth understanding of employment laws, our lawyers at the Law Office of George Gedulin can ensure that you include all relevant information in your claim.
The Results of a PAGA Claim
If you prevail in your PAGA lawsuit, the court may assess civil penalties against your employer.
The amount awarded depends on how many violations occurred:
- Initial violations are penalized by $100 per employee per pay period
- Second and subsequent violations are penalized by $200 per employee per pay period
It's important to note that the penalties awarded are divided among the LWDA, you, and other affected employees. The LWDA will receive 75%, and you and the employees you filed a lawsuit on behalf of will receive 25% to split.
Reach Out to the Law Office of George Gedulin
Allow our San Diego PAGA lawyers to provide the legal counsel you need for your case. We will seek to ensure your employer is held accountable for its unfair business practices.
George was very professional and detailed what to expect. I recommend his services.- John D.
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