This part of the California Labor Code consists of one simple sentence that states as follows: “This part shall be known and may be cited as the Labor Code Private Attorneys General Act (PAGA).” Pursuant to this statute, an employee is permitted to sue his or her employer for workplace violations that might include avoiding minimum wage laws, failure to pay overtime or the failure to provide employees with meal breaks. Section 1198 cannot be used by employees in their attempts to collect wages though. For cases involving alleged wage and hour violations, employees would most likely be required to bring a wage arrearage lawsuit against the employer.
Section 1198 Penalties
Civil penalties are assessed when an employer is found guilty of Labor Code violations in cases brought pursuant to PAGA. An initial violation is $100 per employee per pay period. Subsequent violations are $200 per employee per pay period. A sum equal to 75% of any penalties ordered is paid to the California Labor and Workforce Development Agency. Only 25& of any penalties is paid to the complaining employee.
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