Under PAGA, which entity can initiate lawsuits for labor code violations?

Under PAGA, which entity can initiate lawsuits for labor code violations?

• A. The state only
• B. Private employees acting as private attorneys general for themselves and other employees
• C. The unions
• D. The Department of Industrial Relations

Answer: (B)

Under PAGA, private employees can sue for labor code violations by acting as private attorneys general on behalf of themselves and other employees. This means a worker can file a civil action in court to recover penalties for Labor Code violations when the state hasn’t pursued them. The purpose is to boost enforcement by allowing individuals to step in and pursue penalties that would otherwise be handled by the state agency. The state agency (LWDA) can still participate or take action, but the power to initiate the lawsuit in court rests with the private employee. Unions aren’t the enforcers under PAGA, and a Department of Industrial Relations action isn’t initiated as a private PAGA suit. So the option describing private employees acting as private attorneys general best captures how PAGA works.

Under PAGA, private employees can sue for labor code violations by acting as private attorneys general on behalf of themselves and other employees. This means a worker can file a civil action in court to recover penalties for Labor Code violations when the state hasn’t pursued them. The purpose is to boost enforcement by allowing individuals to step in and pursue penalties that would otherwise be handled by the state agency. The state agency (LWDA) can still participate or take action, but the power to initiate the lawsuit in court rests with the private employee. Unions aren’t the enforcers under PAGA, and a Department of Industrial Relations action isn’t initiated as a private PAGA suit. So the option describing private employees acting as private attorneys general best captures how PAGA works.