Private Attorneys General Act (PAGA)

What PAGA is

The Labor Code Private Attorneys General Act of 2004 (Labor Code sections 2698 to 2699.8) lets an aggrieved employee recover civil penalties for Labor Code violations as a representative of the state. It was substantially amended by AB 2288 and SB 92, signed July 1, 2024. The amendments generally apply to cases where the LWDA notice was filed on or after June 19, 2024.

The rule

An "aggrieved employee" must have personally suffered each violation alleged within the one-year period of Code of Civil Procedure section 340 (Labor Code section 2699(c)). Where no specific penalty applies, the default is $100 for each aggrieved employee per pay period. An employer that took all reasonable steps to comply before receiving the notice faces a cap of 15 percent of the penalty sought; one that took all reasonable steps within 60 days after receiving the notice faces a 30 percent cap. Penalties recovered are split 65 percent to the LWDA and 35 percent to aggrieved employees (Labor Code section 2699(m)). A file-stamped complaint goes to the LWDA within 10 days of filing, and the court must review and approve any settlement (Labor Code section 2699(s)).

Why it matters to a plaintiff firm

After the reform, PAGA value depends on the employer's compliance steps as much as on the violations, and on standing. Firms check that the client personally suffered every violation pleaded and document the employer's policies early. See the PAGA after the 2024 reform guide and the PAGA penalty calculator.