Employment, Wage & Hour Regulation, PAGA, Limitations, Suit On Behalf Of Other Employees, 1, 4
A PAGA suit to collect statutory penalties is governed by CCP 340(c)’s one-year limitations period. If that one-year limitations period has expired before the named plaintiff files suit, that plaintiff may not sue to collect statutory penalties on behalf of other employees as to whom the statute has not yet expired. At least under the statutes in effect before July 2024, the individual plaintiff had to seek penalties on his own behalf–and show that his personal claim was timely with respect to at least one alleged violation– in order to seek penalties as to other employees.