What PAGA is
PAGA, Labor Code §2698 and following, allows an aggrieved employee to recover civil penalties for Labor Code violations that only the state could otherwise collect. The employee acts as a representative of the state. Most of the penalties go to the LWDA, and the rest is distributed to the aggrieved employees. A PAGA claim is different from a class action: it does not require class certification, but it recovers penalties, not unpaid wages themselves, which are claimed separately.
Typical PAGA claims involve recurring violations such as unpaid overtime, missed meal and rest breaks, inaccurate wage statements or misclassification.
Notice to the LWDA comes first
Before filing a PAGA lawsuit, the employee must submit a written notice online to the LWDA and send it to the employer, describing the specific Labor Code provisions allegedly violated and the facts and theories supporting the claim (Labor Code §2699.3). A filing fee applies. The LWDA then has a period to decide whether to investigate. If it does not, the employee can generally file in court after the waiting period ends.
For some violations, the employer has an opportunity to cure. Penalties for PAGA claims are subject to a one-year limitation period, which is one reason to act promptly.
The 2024 reforms
Legislation that took effect in 2024 changed PAGA in several ways. In general, the employee bringing the claim must have personally suffered each type of violation alleged within the limitation period. Employers that take reasonable steps to comply, or that cure violations promptly, can have penalties capped. Courts have more tools to limit the scope of a PAGA case so that it can be tried manageably, and a larger share of the penalties goes to employees than before.
The reforms apply mainly to notices filed after their effective date, so older cases may follow the previous rules. The details are technical, which is why the notice should be drafted carefully.
PAGA and arbitration agreements
Many employers require employees to sign arbitration agreements. Under the US Supreme Court's 2022 Viking River decision, an agreement can generally require the employee's individual PAGA claim to go to arbitration. The California Supreme Court held in Adolph v. Uber (2023) that the employee still keeps standing to pursue the claims on behalf of other employees in court.
Whether PAGA is the right route, and whether to combine it with individual wage claims or a class action, depends on the violations, the evidence and the arbitration agreement. An employment attorney can assess that before the notice is filed.
Your next steps
- PAGA recovers civil penalties on behalf of the state, separately from unpaid wages.
- A written notice to the LWDA and the employer is required before filing in court.
- The 2024 reforms changed who can sue and how penalties are calculated.
Sources and legal basis
- California Labor Code §2699 (PAGA)
- California Labor Code §2699.3 (notice procedure)
- Department of Industrial Relations: Private Attorneys General Act
- Labor and Workforce Development Agency: PAGA
General information about federal and California law as of October 30, 2026, not legal advice. Your facts and later changes in the law can change the answer. A request does not stop any deadline.