With proper planning, Golden State manufacturing employers can mitigate the risk of Private Attorneys General Act (PAGA) claims premised on alleged violations of the California Occupational Safety and Health Act (Cal/OSHA).
The California PAGA statute permits aggrieved employees to file lawsuits on behalf of themselves and other current or former employees against an employer to recover civil penalties for violating the California Labor Code. Thus, PAGA deputizes employees to enforce labor laws on behalf of the state of California.
The number of PAGA notices submitted per year between 2014 and 2023 averaged more than 5,500, hitting a high of nearly 8,000 in 2023.
Historically, PAGA claims primarily focused on seeking penalties based on alleged wage and hour violations (such as failure to pay minimum wage and overtime compensation, missed meal and rest period premiums, failure to pay timely final wages, inaccurate wage statements, and failure to reimburse necessary business expenses).
Emerging PAGA-related activity suggests more attention is being paid to Cal/OSHA violations than ever before. PAGA notices, especially those filed against manufacturing employers, increasingly include potential claims for health and safety violations under Cal/OSHA. Relatedly, pre-litigation requests for payroll and staff records are asking for occupational safety and health records, as well—including the employer’s Injury and Illness Prevention Program, Hazard Communication...
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