What Is The Statute of Limitations for PAGA Claims?
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What Is The Statute of Limitations for PAGA Claims?
You may have heard of, or yourself experienced, the frustration of dealing with an employer who has violated California’s labor laws. Perhaps you weren’t paid overtime, didn’t receive mandated meal and rest breaks, or faced workplace discrimination. The good news is, California law provides a powerful tool for employees to hold employers accountable – it’s called the Private Attorneys General Act (PAGA).At Spodek Law Group, we’ve helped countless employees across California fight back against labor law violations through PAGA claims. One of the most critical things to understand is the statute of limitations for these claims. Miss the deadline, and you could lose your right to bring a PAGA action altogether.Don’t worry though – with our experienced employment attorneys on your side, we’ll make sure your claim is filed on time and that your rights are fully protected. Give us a call anytime at 212-300-5196 to discuss your situation. We’re here to help!
Understanding PAGA Claims
Before we dive into the statute of limitations, let’s make sure we’re on the same page about what PAGA claims are and how they work. PAGA is a unique California law that allows employees to step into the shoes of the state’s labor law enforcement agencies.In a PAGA claim, an employee essentially acts as a “private attorney general,” seeking civil penalties on behalf of themselves, other employees, and the State of California for labor code violations. It’s a powerful tool because it allows employees to bring claims that may not be worth pursuing individually, but collectively can hold employers accountable and deter future violations.Some common labor law violations that can be the basis of a PAGA claim include:
- Failure to pay minimum wage or overtime
- Misclassifying employees as independent contractors
- Not providing required meal and rest breaks
- Failing to reimburse business expenses
- Violations of workplace safety standards
If you suspect your employer has committed any of these violations, it’s important to act quickly and consult with an experienced employment attorney. The clock may already be ticking on your statute of limitations.
The PAGA Statute of Limitations
So exactly how long do you have to bring a PAGA claim? The general rule is that the statute of limitations is one year from the date of the last alleged labor code violation. This is a key difference from the statutes of limitations for other types of employment claims, which are often longer.For example, the statute of limitations for most individual wage and hour claims in California is three years. For discrimination and retaliation claims under the Fair Employment and Housing Act (FEHA), it’s typically one year from the last incident plus an additional period for administrative proceedings.But for PAGA claims, the one-year clock starts ticking from the last date the employer broke the law, even if the violation is ongoing. This is why it’s so crucial not to delay in speaking with an attorney if you think you may have a PAGA claim.
| Type of Claim | Statute of Limitations |
|---|---|
| PAGA Claim | 1 year from last violation |
| Individual Wage & Hour | 3 years |
| FEHA Discrimination/Retaliation | 1 year (+administrative time) |
Let’s look at an example to illustrate how this works in practice:
Jane works as a nurse at a hospital. For the past two years, her employer has regularly denied her full meal and rest breaks required by California law. Jane quits her job on December 31, 2022. She has until December 31, 2023 to file her PAGA notice and preserve her claim. If she waits until January 2, 2024, she will be time-barred.
As you can see, the one-year limitations period is very strict. That’s why our advice to anyone who thinks they may have a PAGA claim is to contact an attorney immediately to have your situation evaluated. We offer free and confidential consultations – give us a call anytime at 212-300-5196.
PAGA Prefiling Requirements
Another critical thing to understand about PAGA claims is that there are certain prefiling requirements that must be met before the one-year statute of limitations expires. Miss one of these steps and your claim could be dismissed, even if it was filed on time.The main prefiling requirement is that the employee must submit a written notice to the California Labor and Workforce Development Agency (LWDA) and the employer. This notice must include:
- The specific labor code provisions alleged to have been violated
- The facts and theories supporting the violations
- The name and contact information of the employee
- The time period covered by the claim
This PAGA notice gives the LWDA the opportunity to investigate the allegations and decide whether to issue a citation to the employer directly. If the LWDA does not act within 65 days, or declines to issue a citation, the employee can then proceed with filing their PAGA lawsuit in court.It’s important to note that the PAGA notice itself does not toll (pause) the statute of limitations. The one-year clock keeps running until the actual PAGA complaint is filed in court. This is another reason why it’s critical to get the prefiling process started as soon as possible.At Spodek Law Group, we assist our clients with every step of the PAGA prefiling process, from drafting the notice to the LWDA to filing the complaint in court. We’ll make sure every deadline is met and every requirement is satisfied, so you can focus on your life while we handle the legal complexities.
Choosing the Right PAGA Attorney
Considering that the statute of limitations for PAGA claims is so strict, which attorney you select to represent you can be very important. You need a law firm with deep experience handling these specific types of cases, and a track record of success going up against employers.At Spodek Law Group, we are one of the premier employment law firms in the country. If you’re on our website – it’s because you’re looking for the best. Our attorneys have decades of experience representing employees in all types of employment disputes, including PAGA actions.We understand how stressful and overwhelming it can be to stand up to your employer. That’s why we’re here – to stand with you, every step of the way. From the initial consultation to the final resolution, we’ll be your fiercest advocates and your trusted advisors.Some of the reasons employees choose us for their PAGA claims include:
- Extensive experience. We’ve handled countless PAGA claims against employers of all sizes, from small businesses to Fortune 500 companies. There’s no employer too big or case too complex for our skilled legal team.
- Aggressive advocacy. We believe employees deserve the same high-caliber legal representation as big companies. We’ll fight tenaciously to hold your employer accountable and get you the best possible outcome.
- Client focus. To us, you’re never just another case file. We take the time to listen to your story, understand your unique needs and goals, and craft a personalized legal strategy.
- Full service. A PAGA claim is often just one piece of the puzzle. We can advise you on all aspects of your employment situation, from negotiating a severance to protecting you from retaliation.
When you’re ready to learn more about your legal rights and options, give us a call at 212-300-5196 or visit our website at https://www.federallawyers.com to request a free consultation. We’re here for you 24/7.
Don’t Let Your Rights Expire
In conclusion, the most important thing to remember about PAGA claims is not to let your rights expire by missing the one-year statute of limitations. The longer you wait to take action, the more you risk losing your ability to hold your employer accountable for breaking the law.At Spodek Law Group, we’ve seen firsthand the difference that a successful PAGA claim can make in an employee’s life. Not only can it result in significant civil penalties being paid, but it can also force changes in the employer’s illegal practices, benefiting you and your coworkers for years to come.If you suspect your employer has violated California’s labor laws, the time to act is now. Contact our office today to schedule a free and confidential consultation with one of our experienced employment attorneys. We’ll listen to your story, answer your questions, and give you an honest assessment of your legal options.Remember, the clock is ticking – but with Spodek Law Group on your side, you can level the playing field and get the justice you deserve. Call us at 212-300-5196 or visit https://www.federallawyers.com to get started.