PAGA Notice Statute of Limitations: California Deadlines for Filing Claims

Get a concise overview of California PAGA notice statute of limitations, one-year filing deadlines, and Labor Agency review periods. See how late filing, defective notice, or ongoing wage violations can affect eligibility and outcomes for representative PAGA claims.

By Douglas Wade, Attorney

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Table of Contents

1. Introduction

2. A PAGA claim: What is it?

3. What are the requirements for a PAGA notice?

4. How much time do I have to bring a PAGA lawsuit?

5. The statute of limitations has elapsed: What will happen?

6. Conclusion

Introduction

The statute of limitations, or window of opportunity, for filing a PAGA claim in California is typically one year from the occurrence of the most recent labor infraction that forms the basis of the claim.

You can sue your employer for breaking labor rules under the Private Attorney General Act. You must adhere to pre-filing procedures if you want to accomplish this. Before the limitation period runs out, all of this must be completed.

If the statute of limitations expires, the PAGA case will be rejected.

I go over all you need to understand about the state’s PAGA lawsuits and the filing requirements in this article.

A PAGA claim: What is it?

A California lawsuit alleging labor breaches is known as a PAGA claim. For breaking state labor rules, you bring it against employers. You pursue fines as if you’re a state agency if you submit a PAGA claim.

California has a law known as the Private Attorney General Act. It enables you to bring legal action on the Attorney General’s behalf. With the goal of better regulating California’s labor rules, it was passed in 2004.

These are qui tam lawsuits. They don’t try to get you compensated for your losses. Rather, the claims focus on the civil fines the company will be liable for the labor breach.

You must meet the notification criteria if you want to submit a PAGA claim. Within a year of the claimed labor infraction, these conditions must be met.

What are the requirements for a PAGA notice?

To launch a PAGA claim, you’re required to submit a PAGA notice.

A complaint filed with the California Labor & Workforce Development Agency is known as a PAGA notice. It has to be filed electronically with the Agency & sent to the company by certified mail.

The notice must contain:

A synopsis of the events,
The labor regulations in California were broken, and
A list of the workers who felt harmed.

Neither the list of disgruntled employees nor the factual summary of what transpired must be comprehensive.

The PAGA notice must, however, contain more than just a list of infractions without any supporting evidence.

The employer is made aware of the claim by the PAGA notice that is delivered to them via certified mail.

The Agency has the chance to step in after receiving the PAGA notice. The claim can be looked upon by the Agency. It has sixty-five days to make a decision.

You can bring your own case if they choose not to step in. As a representative claim, such litigation would proceed. This is comparable to a class action.

You now have sixty days to change your claims. You may include further labor infractions.

How much time do I have to bring a PAGA lawsuit?

The deadline for filing your PAGA notice is one year. For PAGA claims, this corresponds to the statute of limitations. The day of the most recent labor infraction specified in the claim marks the start of the year.

The Agency’s 65-day window for considering an action is not included in this one-year period. Additionally, the sixty days you have to modify the complaint are not included.

On the exact day it is submitted online, the PAGA notice takes effect.

Example: On 1^st July 2019, Carlos was dismissed in breach of California labor law. He must submit the PAGA notice via the web by 30^th June 2020. The Labor & Workforce Development Agency would’ve until 3^rd September 2020 to choose whether to step in if he files it on the final day.

Carlos may pursue the matter as an independent claim if they don’t make a decision by September 3. He can make changes to his case until November 2.

The statute of limitations has elapsed: What will happen?

The lawsuit will be readily dismissed if the PAGA notice is not filed within a year.

This one-year statute of limitations is paused for the 65 days following your notification to the Agency, as was covered in the preceding section. The “relation back rule” therefore allows you to modify your complaint for an extra sixty days after the statute of limitations passes without the PAGA claim getting time-barred.

Keep in mind that you might be eligible to file PAGA complaints for labor breaches that happened more than a year ago under a limited exception: It occurs when you continue to work and are subject to an illegal employment contract.

Conclusion

So that’s the thing about PAGA deadlines, they don’t wait. The clock starts, it runs, and if you miss it, the claim is gone. No drama, and no second chances. The notice has to go out on time, in the right way, and with enough detail to show you actually know what you’re alleging.

These situations are taken seriously in California. Although the regulations may seem strict at times, they serve a purpose. Don’t sit on a violation if you see one. Move quickly, according to the instructions, and maintain precise timing. That one-year window closes quicker than people think.

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PAGA Notice Statute of Limitations: California Deadlines for Filing Claims

Introduction

A PAGA claim: What is it?

What are the requirements for a PAGA notice?

How much time do I have to bring a PAGA lawsuit?

The statute of limitations has elapsed: What will happen?

Conclusion

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