What to Expect as a PAGA Representative: Your Role in California’s Fight for Workers’ Rights

Being a PAGA representative means stepping up to enforce labor laws not just for yourself, but for your coworkers, too.

If you’ve experienced wage theft, unpaid overtime, missed meal breaks, or other labor law violations at work, you may have the opportunity to become a PAGA representative. The Private Attorneys General Act (PAGA) allows individual employees to step forward and enforce California’s labor laws on behalf of the state and their fellow workers. But what does it actually mean to take on this role?

Understanding Your Role as a PAGA Representative

As a PAGA representative, you become the named plaintiff who brings a lawsuit against your employer for labor law violations. PAGA cases allow you to act as a “private attorney general”—essentially stepping into the shoes of state labor enforcement agencies.

This means you’re pursuing penalties for violations affecting you and your coworkers, even if they don’t actively participate in the lawsuit.

The Responsibilities You’ll Take On

Leading the Legal Battle As the PAGA representative, your name will be on the lawsuit, and you’ll be the primary contact between your attorney and the court. You may need to participate in discovery, possibly provide documents, and potentially testify about the working conditions and violations you and your coworkers experienced. You will also represent the state on behalf of you and your co-workers in any mediation that may take place.

Representing All Affected Workers Your case will seek penalties for violations affecting all employees who suffered the same violations as you during the relevant time period.

Time and Energy PAGA cases can some time to resolve. You’ll need to work closely with your legal team and be committed to pushing the case forward.

What Violations Can PAGA Address?

PAGA can address virtually any violation of California’s Labor Code, including:

• Wage and Hour Violations: Unpaid overtime, minimum wage violations, and improper calculation of regular rates
• Meal and Rest Break Violations: For many workers covered under the Industrial Welfare Commission Orders, employers must provide specific meal periods and rest breaks
• Payroll Violations: Missing information on pay stubs, late payment of wages, or improper deductions
• Record-keeping Violations: Failure to maintain proper time records or employee information

The scope of potential violations is broad because PAGA allows enforcement of the entire Labor Code, not just specific provisions.

The Potential Outcomes

Civil Penalties PAGA cases seek civil penalties that are split between the state (65%) and the affected employees (35%). These penalties are separate from any wages owed to workers and are designed to punish violations and deter future misconduct.

Workplace Changes Successful PAGA cases often result in changes to workplace policies and practices, creating better working conditions for current and future employees.

Individual Recovery While PAGA penalties are the primary focus, these cases may include related claims for unpaid wages, which can provide direct compensation to you.

Working with Experienced Legal Counsel

PAGA cases are complex and can benefit from attorneys with specific expertise in California employment law and the Industrial Welfare Commission Orders that govern many workplaces. The interplay between different wage orders, Labor Code provisions, and PAGA’s procedural requirements can demand sophisticated legal analysis.

Your decision to become a PAGA representative can make a meaningful difference in enforcing workers’ rights across California. With proper legal guidance and a clear understanding of your role, you can help ensure that labor laws are enforced and that workers receive the protections they deserve.