PAGA claims have continued to raise concerns for California employers and their legal teams in recent years. What may begin as a minor workplace violation can quickly escalate into a high-stakes case under the California Labor Code, particularly with shifting interpretations of wage statements, breaks, and classifications. For lawyers handling these matters, having a clear procedural guide is essential.
This article guides you through the key steps involved, enabling you to help clients act early and avoid potential missteps. When used properly, a solid compliance checklist can prevent issues before they escalate. More importantly, it enables employers to fulfill their obligations and safeguard workers’ rights.
When a PAGA Claim Can Be Filed
A Private Attorneys General Act (PAGA) claim may be brought when an employee believes their employer has violated the California Labor Code and no resolution has been reached through internal or agency efforts. Instances for a valid PAGA claim include:
- The violation must involve an actual breach of the California Labor Code, such as missed breaks, incorrect wage statements, or improper employee classification.
- The employee must have been directly affected or have observed violations impacting others.
- The employer has not resolved the issue within the legally allowed timeframe after receiving notice.
PAGA claims carry more procedural weight than individual lawsuits because they represent the State. They’re also time-sensitive. Reviewing updated procedural guides and recent case examples can help you assess the right timing and reduce errors that may weaken your client’s case. For example, a California Wage and Hour Practice Guide can be helpful, as it includes detailed checklists and sample documents.
Steps to Take Before Filing a PAGA Notice
If you’re assisting a client with a PAGA claim, being precise helps avoid minor errors that can delay the process or result in outright rejection. To help your client succeed, follow these key steps:
- Identify the labor code violations: Verify that the alleged violations fall within PAGA’s scope and that there is a clear factual basis. Common issues include unpaid wages, missed breaks, or inaccurate wage statements.
- Determine the affected employees: Since PAGA allows claims on behalf of other employees, accurately defining who is impacted helps establish the scope of the claim and potential penalties.
- Prepare a detailed written notice: This notice must be sent to both the California Labor and Workforce Development Agency (LWDA) and the employer. Include specific facts, dates, and the relevant Labor Code sections violated.
- Observe the 65-day waiting period: After submitting the notice, the LWDA has 65 days to investigate or decide whether to take action. The employee can only file a court complaint after this period or if the LWDA declines to investigate the matter.
Using a compliance checklist throughout this process helps prevent missteps and preserves your client’s credibility.
What to Include in a Strong PAGA Complaint
Once you’re ready to file, the complaint needs to be as strong procedurally as it is factually. You’re not only outlining grievances; you’re demonstrating to the court that this is a legitimate case, grounded in the California Labor Code. The following table highlights crucial sections to include and why they matter.
| What to Include | Why It Matters |
| Specific Labor Code sections violated | Clarifies the legal basis of the claim |
| Description of employer conduct | Explains how the code was violated |
| Affected employee categories | Justifies representing others |
| Dates and timelines of violations | Establishes frequency and intent |
| Efforts to resolve or report the issue | Demonstrates reasonable good-faith effort |
Don’t assume general language will carry weight. Courts look for precision, and a vague complaint can stall a case before it even begins. If you’re unsure how much detail is enough, look at recent examples through legal databases or case summaries. Procedural guides are handy when you’re drafting or reviewing a complaint under pressure.
Responding to a PAGA Claim Without Increasing Legal Risk
Receiving a PAGA notice doesn’t have to lead to full-scale litigation, but how you respond could determine whether it does. If your client becomes panicked or emotionally upset, the situation can escalate. You can help them stay in control by approaching the situation with a clear plan focused on legal risk mitigation.
Start by carefully reviewing the claim:
- Are the violations current or from years ago?
- Are they systemic or based on individual incidents?
- Do you need clarification from the employee before taking action?
Then advise your client to:
- Conduct a confidential internal audit.
- Preserve any related documents.
- Avoid retaliation. Retaliation only adds new layers of risk.
This is also the time to address any outstanding compliance checklist issues quietly. If your client can show they’re making changes in good faith, it may influence how the case unfolds. You can reference insights from reliable litigation practice and procedure solutions platforms to inform your strategy, drawing on how other attorneys have handled similar situations.
Using the Right Compliance Checklist to Avoid PAGA Exposure
PAGA claims in California typically arise from repeated, often overlooked violations of the California Labor Code. Each violation not taken seriously can trigger steep penalties, such as a $100 per employee per pay period for initial violations and $200 for subsequent ones (California Labor Code § 2699(f)). These small mistakes often add up quickly, creating significant financial exposure for employers.
A well-designed PAGA compliance checklist that is PAGA-focused should specifically cover:
- Employee classification: Are all workers properly classified as exempt or non-exempt?
- Wage statements: Are pay stubs complete, accurate, and compliant with Labor Code requirements?
- Meal and rest breaks: Are policies clear, breaks provided and documented, and exceptions tracked?
- Final pay: Are terminated employees paid all wages and accrued benefits on time?
- Recordkeeping: Are personnel and payroll records up-to-date and securely maintained?
Regularly reviewing these areas, especially after changes in payroll systems, scheduling, or updates to labor laws, is part of the legal risk mitigation process.
Let CEB Assist with PAGA Claims
CEB offers trusted tools that help you manage each step of a PAGA claim, from notice to resolution. With access to detailed checklists, real-world examples, and updated practice guides, you can support clients more effectively while meeting your own professional needs. Explore OnLAW Pro and Practitioner today.
