An employee who has been affected by at least one Labor Code violation by the employer may bring a Private Attorney General Act suit against the employer for civil penalties not only for the one violation affecting him but also all other violations committed by the employer. Lab. Code 2698(a) grants an “aggrieved employee” the right to bring an action to collect civil penalties on behalf of himself and other current or former employees. Lab. Code 2698(c) defines “aggrieved employee” to be one “against whom one or more of the alleged violations was committed.” The definition makes clear that an employee affected by only one alleged violation may bring suit for other violations as well under PAGA.
California Court of Appeal, Sixth District (Grover, J.); May 23, 2018; 2018 Cal. App. LEXIS 474