PAGA Representative Action Complaint

PAGA REPRESENTATIVE ACTION COMPLAINT

TABLE OF CONTENTS

1. Caption and Parties
2. Jurisdiction and Venue
3. Administrative Exhaustion
4. Factual Allegations — Parties
5. Employment Background
6. Aggrieved Employees
7. Factual Allegations — Violations
8. Causes of Action
9. Prayer for Relief
10. Verification

1. CAPTION AND PARTIES

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [________________________________]

2. JURISDICTION AND VENUE

1. This Court has jurisdiction over this action pursuant to the California Constitution, Article VI, § 10, and Cal. Lab. Code § 2699(a).

2. Venue is proper in this County pursuant to Cal. Code Civ. Proc. § 395.5 because Defendant(s) [________________________________] (maintain their principal place of business / conducted business / employed aggrieved employees) in this County.

3. This action is brought pursuant to the Private Attorneys General Act of 2004, Cal. Lab. Code §§ 2698-2699.8 ("PAGA"), as amended by AB 2288 and SB 92, effective June 19, 2024.

3. ADMINISTRATIVE EXHAUSTION

4. On or about [__/__/____], Plaintiff submitted a written notice to the California Labor and Workforce Development Agency ("LWDA") and to Defendant(s), via certified mail and online submission, identifying the specific Labor Code provisions alleged to have been violated and the facts and theories supporting the violations, as required by Cal. Lab. Code § 2699.3(a).

5. The LWDA notice reference number is: [________________________________].

6. More than 65 calendar days have elapsed since the filing of the LWDA notice, and ☐ the LWDA has not responded / ☐ the LWDA declined to investigate / ☐ the LWDA completed its investigation without citation.

7. Plaintiff has therefore exhausted administrative prerequisites and is authorized to commence this civil action under Cal. Lab. Code § 2699.3(a)(2).

4. FACTUAL ALLEGATIONS — PARTIES

8. Plaintiff [________________________________] ("Plaintiff") is an individual who was employed by Defendant(s) in the State of California during the relevant PAGA period. Plaintiff is an "aggrieved employee" as defined by Cal. Lab. Code § 2699(c), meaning Plaintiff was employed by Defendant(s) and personally suffered one or more of the alleged Labor Code violations.

9. Defendant [________________________________] ("Defendant") is a [________________________________] (corporation, LLC, etc.) organized under the laws of [________________________________], with its principal place of business at [________________________________], County of [________________________________], California.

10. Defendants DOES 1 through 50 are persons or entities whose identities are unknown to Plaintiff at this time.

5. EMPLOYMENT BACKGROUND

11. Plaintiff was employed by Defendant from approximately [__/__/____] to [__/__/____] (or is currently employed).

12. Plaintiff's job title was [________________________________], and Plaintiff's primary duties included: [________________________________].

13. At all relevant times, Plaintiff was classified by Defendant as a ☐ non-exempt hourly employee / ☐ non-exempt salaried employee / ☐ exempt employee (whom Plaintiff contends was misclassified).

14. Plaintiff's regular rate of pay was approximately $[________] per hour.

15. Plaintiff worked at Defendant's facility located at [________________________________].

6. AGGRIEVED EMPLOYEES

16. Plaintiff brings this action on behalf of himself/herself and all "aggrieved employees" as defined in Cal. Lab. Code § 2699(c), meaning all current and former employees of Defendant who were subjected to one or more of the Labor Code violations described herein during the PAGA period (one year prior to the filing of the LWDA notice through the present).

17. On information and belief, Defendant employed approximately [________] aggrieved employees during the PAGA period.

7. FACTUAL ALLEGATIONS — VIOLATIONS

[Select and detail all applicable violations below. Each must be personally experienced by Plaintiff under the 2024 reforms.]

A. Failure to Pay Minimum Wage (Cal. Lab. Code §§ 1194, 1197, 1197.1)

18. [________________________________]

B. Failure to Pay Overtime (Cal. Lab. Code §§ 510, 1194)

19. [________________________________]

C. Failure to Provide Meal Periods (Cal. Lab. Code §§ 226.7, 512)

20. [________________________________]

D. Failure to Authorize and Permit Rest Periods (Cal. Lab. Code § 226.7)

21. [________________________________]

E. Failure to Provide Accurate Wage Statements (Cal. Lab. Code § 226(a))

22. [________________________________]

F. Failure to Timely Pay Wages Upon Separation (Cal. Lab. Code §§ 201-203)

23. [________________________________]

G. Failure to Reimburse Business Expenses (Cal. Lab. Code § 2802)

24. [________________________________]

H. Misclassification (Cal. Lab. Code § 226.8)

25. [________________________________]

I. Other Violations: [________________________________]

26. [________________________________]

8. CAUSES OF ACTION

FIRST CAUSE OF ACTION: PAGA Civil Penalties for Violations of [Cal. Lab. Code § ____]

(Against All Defendants)

27. Plaintiff incorporates by reference all preceding paragraphs.

28. Defendant violated Cal. Lab. Code § [____] by [________________________________].

29. Pursuant to Cal. Lab. Code § 2699(a) and (f), aggrieved employees are entitled to recover civil penalties for each violation. The default penalty under Cal. Lab. Code § 2699(f)(2) is $100 per employee per pay period for the initial violation, and $200 per employee per pay period for each subsequent violation.

30. Under the 2024 PAGA reforms, penalties are subject to adjustment based on whether the employer took reasonable steps to comply with applicable provisions and whether violations were cured within the statutory timeframe.

[ADDITIONAL CAUSES OF ACTION]

31. [Repeat format for each additional Labor Code violation.]

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants as follows:

a. Civil penalties pursuant to Cal. Lab. Code § 2699(f), with 25% allocated to aggrieved employees and 75% to the LWDA;

b. Reasonable attorneys' fees and costs pursuant to Cal. Lab. Code § 2699(g)(1);

c. Interest on unpaid penalties;

d. Injunctive relief requiring Defendant to comply with the Labor Code;

e. Such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [________________________________], am the Plaintiff in this action. I have read the foregoing Complaint and know the contents thereof. The matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true.

Executed on [__/__/____] at [________________________________], California.

Signature: [________________________________]
Printed Name: [________________________________]

ATTORNEY FOR PLAINTIFF:

[________________________________]
State Bar No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]

SOURCES AND REFERENCES

• Cal. Lab. Code §§ 2698-2699.8 (PAGA)
• AB 2288 (2024 PAGA Reform)
• SB 92 (2024 PAGA Reform)
• LWDA PAGA Filing Portal: https://www.dir.ca.gov/Private-Attorneys-General-Act/Private-Attorneys-General-Act.html
• Adolph v. Uber Technologies, Inc., 14 Cal. 5th 1104 (2023) (PAGA standing)
• Viking River Cruises, Inc. v. Moriana, 596 U.S. 639 (2022) (arbitration and PAGA)