What is a class action?
A class action lets one person — the class representative — bring a case on behalf of everyone who was harmed the same way: every employee paid under the same unlawful policy, or every Californian who bought the same mislabeled product. The court must certify the class, the defendant must answer for the entire group, and any settlement or judgment covers all of them. It is the only practical way to fix a practice that costs each person a little and the company nothing, until now.
California's class action statute, Code of Civil Procedure §382, is a single sentence, and the courts have built the real requirements around it. To certify a class we must show an ascertainable group of people and a well-defined community of interest among them — meaning common questions predominate over individual ones, the representative's claims are typical of the group's, and the representative can adequately protect everyone's interests. Certification is not a ruling on who is right; California courts do not weigh the merits at that stage.
PAGA: California's Private Attorneys General Act
Unique to California, PAGA (Labor Code §2698 et seq.) lets an "aggrieved employee" step into the shoes of the state's labor agency and sue an employer for civil penalties on behalf of all affected employees — for unpaid wages, missed meal and rest breaks, inaccurate wage statements, unreimbursed expenses, late final pay and more. It begins with a written notice to the Labor and Workforce Development Agency and to the employer; if the agency does not act within 65 days, the employee may proceed. Sullivan & Yaeckel is among the most active PAGA filers in San Diego County, with actions against employers ranging from national logistics and coffee chains to hospitals and auto dealerships.
A PAGA case is not a class action and does not have to be certified as one. That difference is the reason the statute matters: it survives in places where a class action would not, and PAGA claims generally cannot be forced wholesale into individual arbitration.
How did the 2024 PAGA reforms change these cases?
California overhauled PAGA in mid-2024, and the changes apply to every notice filed on or after June 19, 2024. Older cases remain under the prior rules, so the date on the notice determines which regime applies to you.
- Employees now receive 35 percent of the penaltiesUp from 25 percent. The remaining 65 percent goes to the state's labor agency for enforcement.
- You must have suffered each violation yourselfA plaintiff can no longer pursue violations they did not personally experience within the one-year period, which makes who brings the case a strategic decision from the outset.
- Employers can reduce penalties by fixing the problemPenalties are capped at 15 percent where the employer took all reasonable steps to comply before the notice, and 30 percent where it did so within 60 days after. Smaller employers may also propose a formal cure to the agency.
- Courts got more control over scopeJudges may now limit the claims and evidence presented at trial, and may order injunctive relief requiring the practice to stop.
The practical effect is that the pre-filing investigation matters far more than it used to. Identifying the right plaintiff, documenting each violation, and moving before the one-year deadline are now what determine whether a PAGA case is worth bringing at all.
How long do you have to bring a PAGA claim?
One year, under Code of Civil Procedure §340(a), measured back from the date of your agency notice. The 65-day review period then pauses the clock while the state decides whether to act. Because the lookback is short and the standing rules are strict, PAGA is the area of employment law where waiting costs the most. If you think a policy affected your coworkers, the underlying wage claims may reach back three or four years even where the PAGA penalties do not.
Who can be a class representative?
- You experienced the practice yourselfYou were subject to the policy, or you bought the product.
- Others were treated the same wayThe claim comes from a common policy, label or practice — not a one-off dispute.
- You're willing to stand for the groupRepresentatives review key decisions and may sit for a deposition; courts often approve a service award for that role.
What does a class action cost you?
Nothing. Class and PAGA cases are handled on contingency; attorneys' fees are paid by the defendant or approved by the court from the recovery. We advance every cost of investigation, experts and litigation.
We are prepared to discuss your case and determine what legal action should be taken — whether it is an individual claim or a case on behalf of everyone affected. We offer free consultations and charge nothing upfront. Our office is in San Diego, and we routinely handle cases in all State and Federal Courts throughout California — wherever in the state you live or work.