Orange County PAGA Lawyers

Orange County Sick Leave Lawyers

When violations of California's Labor Code occur, employees have options to deal with such violations pursuant to the California Private Attorney's General Act (known as PAGA). PAGA allows employees to bring lawsuits against employers for certain labor violations as an avenue to enforce labor laws when the state government's resources are lacking. Employees act as "private attorney generals" to ensure their rights as workers are being properly respected. If you believe your employer is violating the Labor Code, Orange County PAGA attorneys at the Serendib Law Firm can help determine if filing legal action is appropriate. An array of claims may arise under PAGA, such as discrimination and wage-and-hour disputes, and our firm can assist you in pursuing the proper ones against an employer violating the law. If you have questions regarding your legal rights, call our office today at 1-800-LAW-8225 (800-529-8825) or contact us online to speak with an attorney.


Rights Under the California Private Attorney's General Act

PAGA allows employees to bring lawsuits on behalf of themselves as well as other employees who have been subject to the same labor law violations. These claims are also pursued on the State's behalf. As such, in a successful claim, penalties for the violations are split between the employees and the State of California. Employees may also recover attorneys' fees and costs associated with their claims. If you are thinking about pursuing a PAGA claim in Orange County, it is important to consult an experienced employment law lawyer who can help you navigate these complex cases.

In 2004, PAGA was enacted to assist in the California Labor Commissioner's Office's enforcement in investigating and prosecuting Labor Code violations. Some of the violations employees can pursue under this Act include:

  • Failure to pay minimum wage
  • Denial of overtime pay
  • Employee misclassification
  • Failure to provide proper meal or rest breaks
  • Discrimination
  • Retaliation
  • Harassment

Employers who violate employees' rights by underpaying them, denying them proper benefits, or engaging in discriminatory practices should be held accountable for their actions. Generally, PAGA claims are less about individual employees recovering damages such as back pay or other compensation, but more about enforcing the Labor Code and penalizing employers' violations. PAGA also aims to be an incentive for employers to comply with the law and make sure they are held responsible if they fail to.

There are certain steps an employee must take to file a PAGA claim. Having a knowledgeable Orange County PAGA attorney on your side can ensure those steps are done properly. Firstly, an employee must provide the employer with written notice of the violations being alleged at least 65 days before the lawsuit is filed. This notice must include specifics regarding what sections of the Labor Code, California Wage Order, or laws under the California's Occupational Safety and Health Administration's (OSHA) authority were allegedly violated as well as supporting facts and theories. Employers then have the opportunity to rectify the alleged violations within 65 days of receiving the notice. If no action is taken, employees may then move forward with their PAGA suit. The amount of penalties imposed following a successful PAGA action is dependent on how many violations occurred. initial violations, Employers must pay $100 per employee per pay period for initial violations, and $200 for any subsequent violations.


Legal Representation for Orange County PAGA Claims

PAGA lawsuits often involve multiple parties and different entities, making them more complex than other types of employment law claims. The Orange County PAGA attorneys at the Serendib Law Firm have the experience and knowledge to handle these claims, so employees' rights are properly asserted. We are dedicated to making sure employers do not take advantage of their employees and follow the law as they should. If you have questions about your legal rights under PAGA, contact our office today online or at 1-800-LAW-8225 (800-529-8825). We help employees throughout Southern California, including clients in Orange, Los Angeles, San Bernardino, and Riverside Counties.

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"Integrity, competency, and compassion! Dimuth Amaratunga has represented me and counseled me in several matters over the last several years, and each time, I have benefited tremendously from his knowledge, his wisdom and his empathy. He is without a doubt an authority in employment law and personal injury. But most importantly, he has compassion and truly focused on getting the best result for his clients. I am a practicing attorney and I wholeheartedly recommend him and his firm!" David J.