California: Representative PAGA Claim Barred by Individual Claim Statute of Limitations

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April 22, 2025

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  • A plaintiff whose individual Private Attorneys General Act (PAGA) claim was barred by the statute of limitations may not revive their claim through a representative-only PAGA claim.

Discussion:

In Williams v. Alacrity Solutions Group, LLC, the California Court of Appeal said that a plaintiff whose individual Private Attorneys General Act (PAGA) claim was barred by the statute of limitations may not revive their claim through a representative-only PAGA claim. Here, the employee filed a PAGA claim beyond the one-year statute of limitations period. When challenged as being time-barred, the plaintiff claimed that even though the individual PAGA claim may be time-barred, the representative claim could still proceed.

 

PAGA establishes three “prerequisites” that a private individual must satisfy before serving as a PAGA plaintiff: (1) a private individual must be an “aggrieved employee;” (2) advance written notice of the claim must be given to the employer and the California Labor & Workforce Development Agency; and (3) the plaintiff must satisfy the statute of limitations. The court determined that the statute of limitations is tied to the PAGA plaintiff’s individual claims. Absent an individual claim, there is no way for a court to evaluate whether any claim is timely because PAGA does not obligate the PAGA plaintiff to “define” who the “‘aggrieved employees’ [are] in the prelitigation notice.” Moreover, the court said that to be a PAGA plaintiff (under the statutes in effect prior to July 1, 2024), a private individual must, among other things, seek to recover civil penalties on his own behalf for that violation, which means that his individual claim must be timely.

 

Action Items

  1. Review PAGA claims with legal counsel to determine appropriate next steps.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase