California Workers Must Act Quickly to Protect Their Rights Under PAGA

You have the right to hold your employer accountable when workplace violations occur. However, taking legal action under California’s Private Attorneys General Act (PAGA) requires careful attention to timing. A recent appellate court ruling confirms that if you wait too long to file, you may lose your ability to seek penalties even on behalf of others.

The decision turned on whether a former employee could proceed with a representative PAGA claim more than a year after leaving the job. Despite clear allegations of unpaid overtime and labor law violations, the court dismissed the case. If you have concerns about wage theft or labor code abuse, a California employment law firm that only represents employees can help you take the right steps immediately.

How PAGA Protects You and Your Coworkers

PAGA provides workers with a means to pursue civil penalties against employers who violate labor laws. Instead of relying solely on state enforcement agencies, you can file on behalf of yourself and your coworkers. These claims often involve unpaid wages, denied breaks, or misclassification issues.

To qualify, you must notify the California Labor & Workforce Development Agency and file your complaint within one year of the alleged violation. Courts require strict compliance with this deadline, even in cases involving multiple victims.

You deserve a process that gives your claim the chance to succeed. Acting quickly gives your legal team the time to investigate, gather evidence, and meet every procedural requirement.

Why the Court Dismissed This Recent PAGA Case

In a ruling issued by the California Court of Appeal in May 2025, a worker who previously served as an insurance adjuster attempted to file a PAGA claim more than a year after his employment ended. He had worked long hours for years without receiving overtime. However, he waited over 12 months to notify the state of his intent to pursue civil penalties.

The court found that the delay disqualified him from acting as a PAGA representative. He lacked a timely personal claim, which meant he could not pursue penalties on behalf of others. The court also rejected arguments that claims from other workers could substitute for his own or that the timeline could be extended under the continuous accrual rule.

This outcome highlights the strict enforcement of statutory deadlines in California labor law. You must have your timely claim to act under PAGA; waiting too long can close the door, no matter how strong the evidence of violations may be.

Understanding the One-Year Limit on PAGA Actions

California law gives you one year from the date of a labor code violation to initiate the PAGA process. That means you must file a notice with the state agency before the one-year anniversary of your last unpaid wage, missed break, or misclassification.

Waiting until after that deadline makes it nearly impossible to move forward with a representative action. Even if other employees experienced similar treatment, you cannot stand in for them unless your claim is still valid.

For this reason, reaching out to an attorney immediately after your job ends or sooner, if you are still employed, helps preserve your legal options.

How Delay Can Hurt Even Strong Employee Claims

The worker in the appellate case had a long record of overtime violations. Still, the courts would not allow his complaint to proceed because of the timing. This is not unusual. Employers often succeed in getting cases dismissed when procedural rules are not followed precisely.

Even proposed amendments to his lawsuit could not fix the problem. Once the court ruled his claims were time-barred, no legal workaround could revive the action.

If you suspect your rights are being violated, every day matters. Consult a law firm focused exclusively on helping workers like you. Legal teams that understand employee protections can quickly evaluate your situation and ensure that no deadlines are missed.

Talk to a California Employment Law Firm That Represents Workers Only

The Nourmand Law Firm focuses solely on protecting employees across California. If your employer failed to pay you correctly, denied rest breaks, or misclassified your position, you may have a valid claim under the Labor Code. But time is limited. Call 800-700-WAGE (9243) today to speak with a California employment law attorney who can guide you through your options and help you act before your window to file closes. You do not need to face these challenges alone. Let us fight for the compensation you’ve earned.