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In Sargent v. Board of Trustees of the California State University, the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a public entity employer based on statutes that themselves provide for civil penalties and PAGA claims that are based on PAGA’s default civil penalties provisions under California Labor Code § 2699(f). Section 2699(f) provides for penalties of $100 “for each aggrieved employee per pay period for [an] initial violation” and $200 “for each aggrieved employee per pay period for each subsequent violation.” Specifically, the court held that “viable PAGA claims can be asserted against [a public entity employer], but only when the statutes upon which the claims are premised themselves provide for penalties.” Many commentators focused on the public entity employer aspects of the decision, but the case was unique for its inclusion of PAGA claims based on violations of Califo

United statesSonoma state universitySmoak stewartThomas sargentCalifornia state universityCalifornia division of occupational safetyWorkforce development agencyHealth calCalifornia courtPrivate attorneys general actCalifornia labor codeCalifornia occupational safetyHealth actCalifornia divisionOccupational safetyLabor code