US-CaliforniaWhat is PAGA and can I bring a claim on behalf of other employees?
PAGA (the Private Attorneys General Act) lets you sue your employer on behalf of yourself and other aggrieved employees for Labor Code violations — but you must first give the Labor and Workforce Development Agency (LWDA) notice and wait 65 days before filing.
What the Law Says
PAGA authorizes private individuals to act as 'private attorneys general' and file lawsuits to enforce California Labor Code provisions — not just for themselves, but for all 'aggrieved employees.' The law requires strict procedural steps before a lawsuit can be filed.
PAGA applies to most Labor Code violations — including unpaid wages, missed meal or rest breaks, inaccurate wage statements, and failure to provide final wages on time. It does not cover every Labor Code section, but over 100 are included.
To bring a PAGA claim, you must first send a written notice to both your employer and the Labor and Workforce Development Agency (LWDA), describing the alleged violations. You cannot file suit until 65 days after that notice is sent — giving the LWDA time to investigate and potentially act itself.
If the LWDA does not issue a citation or investigate within those 65 days, you may proceed with a civil action. Any penalties recovered go 75% to the LWDA and 25% to the aggrieved employees.
Statutory TextAn employee may, on behalf of himself or herself and other current or former employees, bring an action against an employer for alleged Labor Code violations.
— Labor Code § 2698 — Purpose
Statutory TextNo action may be maintained under this part unless the employee gives written notice... to the employer and the Labor and Workforce Development Agency... and allows the agency 65 days to respond.
— Labor Code § 2699.3(a)(1) — Notice requirement
Statutory TextPenalties recovered in a PAGA action shall be distributed 75% to the Labor and Workforce Development Agency and 25% to the aggrieved employees.
— Labor Code § 2699(i) — Penalty distribution
What Courts Have Said
California courts have clarified key limits and requirements for PAGA claims — especially around standing, arbitration agreements, and the scope of representative actions.
Held that PAGA claims cannot be waived by arbitration agreements — they are brought on behalf of the state, not just private parties.
Confirmed that trial courts have discretion to manage unwieldy PAGA cases — including dismissing or limiting claims if they threaten due process or judicial efficiency.
What to Do
Confirm you are an 'aggrieved employee' — meaning you experienced at least one Labor Code violation by your employer.
Draft and serve a PAGA notice (by certified mail) on both your employer and the LWDA, detailing each alleged violation with supporting facts.
Wait 65 days — do not file suit before then, even if the LWDA doesn’t respond.
If no LWDA action occurs, file your PAGA lawsuit in California superior court within one year of the last alleged violation.
Consider consulting an employment lawyer — PAGA cases involve complex procedural rules and often require expert evidence on wage practices.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.