Updated December 14, 2025
Understanding California Labor Code 2698: A Comprehensive Guide
California Labor Code 2698, commonly referred to as the Private Attorneys General Act (PAGA), is a significant piece of legislation that empowers employees to take legal action against their employers for violations of labor laws. This law serves as a vital tool for workers seeking justice and accountability in the workplace. In this article, we will explore the intricacies of California Labor Code 2698, its implications for employees, and how it functions within the broader context of labor law.
What is California Labor Code 2698?
California Labor Code 2698 was enacted in 2004 as part of the Private Attorneys General Act. This law allows employees to file lawsuits against their employers for labor code violations that carry civil penalties. The primary objective of PAGA is to enable employees to act as private attorneys general, thereby holding employers accountable for their actions.
Key Features of PAGA
Empowerment of Employees: PAGA empowers employees to sue their employers for violations of labor laws, allowing them to seek justice on behalf of themselves and other affected employees.
Civil Penalties: The law allows for the recovery of civil penalties that would typically be assessed by state agencies. Employees can receive a portion of these penalties if they win their case.
Collective Action: Employees can file lawsuits not only for their own claims but also on behalf of other current and former employees who have been similarly affected.
Attorney’s Fees: If an employee successfully brings a case under PAGA, they are entitled to have their reasonable attorney’s fees covered, making it financially feasible for them to pursue legal action.
How Does PAGA Work?
The process of filing a PAGA lawsuit involves several steps, which are crucial for employees to understand. Here’s a breakdown of how the law operates:
Initial Steps
Notification: Before filing a lawsuit, the employee must provide written notice to both the employer and the California Labor and Workforce Development Agency (LWDA) about the alleged violations. This notice must detail the specific provisions of the labor code that have been violated.
Waiting Period: After the notice is sent, the LWDA has 65 days to respond. If the agency does not take action within this timeframe, the employee is free to proceed with the lawsuit.
Filing the Lawsuit
Once the waiting period has elapsed, the employee can file a civil action in court. The lawsuit can seek penalties for various labor code violations, including but not limited to:
- Minimum Wage Violations: Employers failing to pay the required minimum wage.
- Overtime Violations: Not compensating employees for overtime hours worked.
- Meal and Rest Break Violations: Denying employees their legally mandated breaks.
- Unsafe Working Conditions: Failing to maintain a safe work environment.
Potential Outcomes
If the court finds in favor of the employee, several outcomes may occur:
- Civil Penalties: The employer may be ordered to pay civil penalties, which are typically divided between the employee and the state.
- Injunctions: The court may issue injunctions to prevent the employer from continuing the unlawful practices.
- Attorney’s Fees: The employer may be required to cover the employee’s attorney’s fees and costs associated with the lawsuit.
What Can Employees Sue For Under PAGA?
PAGA covers a wide range of labor law violations. Here are some common issues that employees can address through a PAGA lawsuit:
Minimum Wage and Overtime Issues
Employees can sue if they have not been paid the minimum wage or if they have not received proper compensation for overtime work. This includes situations where employers misclassify employees to avoid paying overtime.
Meal and Rest Break Violations
California law mandates that employees receive specific meal and rest breaks. If an employer fails to provide these breaks, employees can seek compensation for the violations.
Unsafe Working Conditions
Employees have the right to work in a safe environment. If an employer neglects safety regulations, employees can file a lawsuit under PAGA to address these unsafe conditions.
Recordkeeping Violations
Employers are required to maintain accurate records of employee hours and wages. If an employer fails to provide proper wage statements or withholds records, employees can take legal action.
Limitations and Considerations
While PAGA provides significant protections for employees, there are limitations and considerations to keep in mind:
Statute of Limitations
Employees must file their PAGA claims within one year of the alleged violation. Failing to do so may result in the loss of the right to pursue legal action.
Employer Defenses
Employers may attempt to defend against PAGA claims by arguing that they have complied with labor laws or that the employee’s claims are unfounded. It is essential for employees to gather evidence to support their claims.
Retaliation Concerns
Employees may fear retaliation from their employers for filing a PAGA lawsuit. It is crucial to seek legal advice to understand protections against retaliation and how to navigate potential challenges.
The Role of Legal Representation
Navigating the complexities of PAGA can be challenging for employees. Seeking legal representation is highly recommended for several reasons:
Expertise in Labor Law
Employment attorneys have a deep understanding of labor laws and can provide valuable guidance throughout the legal process. They can help employees assess the strength of their claims and develop effective strategies.
Representation in Court
Having an attorney represent an employee in court can significantly increase the chances of a favorable outcome. Attorneys can present evidence, argue on behalf of their clients, and negotiate settlements.
Protection Against Retaliation
Legal representation can help protect employees from retaliation by ensuring that their rights are upheld throughout the process.
Conclusion
California Labor Code 2698, through the Private Attorneys General Act, serves as a powerful tool for employees seeking justice for labor law violations. By empowering employees to take legal action, PAGA promotes accountability and fairness in the workplace. If you believe your rights have been violated, it is essential to understand your options and seek legal assistance to navigate the complexities of labor law effectively.
If you have questions about your rights under California Labor Code 2698 or need assistance with a potential PAGA claim, do not hesitate to reach out to a qualified employment attorney. Your rights matter, and you deserve to be heard.
If you need employment litigation, call Setyan Law at (213)-618-3655. Free consultation.
