The Labor Code Private Attorneys General Act (PAGA) gives aggrieved employees the ability to file lawsuits to recover civil penalties on behalf of themselves, fellow employees, and the State of California for Labor Code violations. SB 836 made important changes to the PAGA requirements that became effective on June 27, 2016.
The following are the most recent requirement changes that apply to all new and pending PAGA cases:
- All new PAGA claim notices need to be filed online, with a copy sent by mail to the employer.
- All employer cure notices or other responses to a PAGA claim need to be filed online, with a copy sent by mail to the aggrieved employee or aggrieved employee’s representative.
- A $75 filing fee is required for a new PAGA claim notice and any initial response by the respective employer to a new PAGA claim notice.
- The filing fee may be waived if the party on whose behalf the notice or response is filled is given forma pauperis status.
- The time period for the Labor and Workforce Development Agency (LWDA) to access and review a notice under Labor Code § 2699.3(a) has been extended from 30 to 60 days.
- To file a new PAGA lawsuit in court, a filed-stamped copy of the complaint needs to be given to LWDA. (Only applies to cases in which the initial PAGA claim notice was filed on or after July 1, 2016)
- All settlements of a PAGA action needs to be approved by court, whether or not the settlement includes an award of PAGA penalties.
- A copy of a proposed settlement needs to be given to the LWDA at the same time that it is submitted to court.
- A copy of the court’s judgment and any other order which awards or denies PAGA penalties must be provided to LWDA.
- All items that need to be given to the LWDA must be submitted online.