California Court Confirms Broader PAGA Standing for Workers After Missed Filing Deadline

A recent ruling from the California Court of Appeal has confirmed that workers can still pursue claims under the Private Attorneys General Act (PAGA), even if the specific violation they experienced occurred more than one year before filing. This decision provides necessary clarification for employees who want to bring claims for wage violations that affected them and others at the workplace. If you experienced Labor Code violations at your job, you may still have the right to take legal action on behalf of yourself and your coworkers.

Court of Appeal Upholds PAGA Standing Despite Timing Dispute

The case involved an employee who filed a representative PAGA claim after leaving their position. The trial court initially ruled that they lacked standing because the specific Labor Code violation had happened more than a year before they filed the required notice with the California Labor and Workforce Development Agency (LWDA).

On appeal, the court took a different view. The justices focused on the language of the statute, which defines an “aggrieved employee” as someone who was employed by the company and suffered at least one violation of the Labor Code. The court explained that the timing of the breach does not prevent someone from bringing a representative claim. As long as the person meets both criteria, employment and a Labor Code violation, they can still pursue penalties on behalf of other employees.

This clarification is a significant win for workers across California. It ensures that someone can still come forward even after a delay, as long as they meet the statutory definition. The decision reaffirms that PAGA exists to enforce workplace protections and does not impose any hidden restrictions beyond those stated in the law.

What This Means for California Workers

California’s PAGA law allows employees to step into the role of private attorneys general and seek civil penalties for Labor Code violations affecting themselves and others. These violations may involve unpaid wages, missed breaks, off-the-clock work, improper deductions, or misclassification.

In many workplaces, these violations occur repeatedly. They often happen repeatedly over time. This makes it hard to draw a clean line around when the harm began or ended. Workers may not discover the violation until much later, especially in cases involving miscalculated pay or denial of legally required breaks.

This ruling prevents employers from escaping accountability by claiming a worker waited too long to file. The focus remains on whether the employee experienced a violation while employed,rather thant on whether it itoccurredd exactly within a twelve-month window. That flexibility makes it easier for employees to come forward without fear that time has completely closed the door.

How This Affects Representative Claims

PAGA claims often include allegations on behalf of multiple workers, not just the person filing the claim. When courts limit standing based on strict timelines, entire groups of employees may lose the opportunity to recover penalties, even when violations are present. This new decision prevents that result and ensures more workers can speak up.

If you worked in a position where wage laws were ignored, and others shared that experience, you may have a strong representative claim. Even if you no longer work for the company, and even if your specific violation happened more than a year ago, you may still have legal standing. Courts will consider whether the law was broken and whether you were affected, not just the calendar date.

This also gives added weight to the notice process with the LWDA. Filing a proper notice preserves your claim and may lead to action by the state or support a lawsuit on behalf of the group. Legal advice is essential during this process, as timing, language, and procedural steps are crucial at every stage.

Get Help from a California Employment Law Firm That Fights for Workers

You do not have to accept unpaid wages, missed breaks, or pressure to work off the clock. Even if your job ended or time has passed, you may still qualify to bring a PAGA claim. California law supports your right to hold employers accountable and recover penalties for violations that affect entire groups of workers.

At The Nourmand Law Firm, APC, we help employees protect their rights and pursue justice when employers break the rules. Our legal team understands wage and hour law and knows how to build strong claims that stand up in court. If you believe your employer violated labor laws, contact us today.

Call The Nourmand Law Firm, APC at (800) 700-WAGE (9243) to schedule a complimentary consultation and discover how we can assist you.