Class and representative actions are legal tools that allow multiple individuals with similar claims to pursue relief in a single lawsuit. These actions are commonly used when many people are affected by the same unlawful practice or harmful event. Let us advise you on if these options are right for your situation.
What Is a Class Action?
A class action allows one or more individuals to represent a larger group, known as the class, in a single case. The claims must share common legal and factual issues, and the representative parties are required to protect the interests of the group instead of acting solely in their own best interests. Class actions are often used in wage and hour cases, given that widespread business practices have the potential to impact a large number of people.
What Is a PAGA Representative Action?
PAGA (Private Attorneys General Act of 2004) is a California statute which allows employees to sue employers for Labor Code violations on behalf of themselves, other employees, and the State of California. It authorizes “aggrieved employees” to recover civil penalties, which are split between the state (65%) and employees (35%). Penalties may range from $50 – $200 per employee per pay period.
PAGA is a mechanism to enforce labor laws – such as unpaid wages, meal and rest breaks, and wage statements – and deters unlawful conduct. But unlike class actions, PAGA does not require class certification.
Before filing a lawsuit under PAGA, employees must first file a notice with the California Labor & Workforce Development Agency (LWDA) indicating their intent to bring a civil action. The notice must, among other things, specify the sections of the California Labor Code alleged to have been violated and include sufficient facts and legal theories to support each alleged violation. After the notice is filed with the LWDA, the Agency decides whether it will investigate the employee’s claims or allow the employee to proceed with a lawsuit. If the LWDA does not act within 65 days, then the employee may proceed with filing their PAGA lawsuit in court.
Call KV LAW, P.C. Today
If you are considering a class or representative action, KV LAW, P.C. can help. Call us today for a free and confidential consultation.