The Labor Code Private Attorneys General Act (PAGA) gives aggrieved employees
the ability to file lawsuits to
recover civil penalties on behalf of themselves, fellow employees, and the State of California
for Labor Code violations. SB 836 made important changes to the PAGA requirements
that became effective on June 27, 2016.
The following are the most recent requirement changes that apply to all
new and pending PAGA cases:
- All new PAGA claim notices need to be filed online, with a copy sent by
mail to the employer.
- All employer cure notices or other responses to a PAGA claim need to be
filed online, with a copy sent by mail to the aggrieved employee or aggrieved
- A $75 filing fee is required for a new PAGA claim notice and any initial
response by the respective employer to a new PAGA claim notice.
- The filing fee may be waived if the party on whose behalf the notice or
response is filled is given forma pauperis status.
- The time period for the Labor and Workforce Development Agency (LWDA) to
access and review a notice under Labor Code § 2699.3(a) has been
extended from 30 to 60 days.
- To file a new PAGA lawsuit in court, a filed-stamped copy of the complaint
needs to be given to LWDA. (Only applies to cases in which the initial
PAGA claim notice was filed on or after July 1, 2016)
- All settlements of a PAGA action needs to be approved by court, whether
or not the settlement includes an award of PAGA penalties.
- A copy of a proposed settlement needs to be given to the LWDA at the same
time that it is submitted to court.
- A copy of the court’s judgment and any other order which awards or
denies PAGA penalties must be provided to LWDA.
- All items that need to be given to the LWDA must be submitted online.
If you are interested in filing a PAGA claim in Hollister and surrounding
areas in Central California, contact
Marder Employment Law and
schedule a free consultation today.