Should an employee prevail against an employer on a lawsuit brought under the Private Attorney General Act (PAGA), civil penalties against the employer will be ordered. At a maximum, those are $100 per employee per pay period for a first violation and $200 per employee per pay period for a second violation. A sum equal to 75% of any such penalties must be paid to the California Labor and Workforce Development Agency, while 25% is paid to the employee.
Costs and Attorney’s Fees
As per subsection (g)(1) of California Labor Code Section 2699, any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs . . . .” As the word “shall” is used, this provision appears to be mandatory rather than discretionary.
California labor law operates strongly in favor of employees. If you believe that you might have a case that can be brought under PAGA, contact our offices for a consultation with a quality employment law attorney from our offices. Your employer is entitled to its own attorney to represent it in your case. You’ll be in a far better position to prove your allegations against it when you’re represented by a PAGA attorney.
Contact our California Labor and Employment Lawyers today.