[Customizable Forms For Claims, Complaints, and Settlements Online ]-My Job Claim
[Customizable Forms For Claims, Complaints, and Settlements Online ]-My Job Claim
[Customizable Forms For Claims, Complaints, and Settlements Online ]-My Job Claim
[Customizable Forms For Claims, Complaints, and Settlements Online ]-My Job Claim
[Customizable Forms For Claims, Complaints, and Settlements Online ]-My Job Claim
[Customizable Forms For Claims, Complaints, and Settlements Online ]-My Job Claim
[Customizable Forms For Claims, Complaints, and Settlements Online ]-My Job Claim
[Customizable Forms For Claims, Complaints, and Settlements Online ]-My Job Claim
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  • Load image into Gallery viewer, [Customizable Forms For Claims, Complaints, and Settlements Online ]-My Job Claim
  • Load image into Gallery viewer, [Customizable Forms For Claims, Complaints, and Settlements Online ]-My Job Claim
  • Load image into Gallery viewer, [Customizable Forms For Claims, Complaints, and Settlements Online ]-My Job Claim
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PAGA Complaint - Independent Contrator

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$55.00
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$55.00
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The power of PAGA!

DESCRIPTION: 

California allows aggrieved workers to file to become a "Private Attorney General" (or "PAGA") and file a claim with the California Labor Workplace Development Agency (or "LWDA") for penalties against the employer for labor violations.

This form can be used by to file a claims with the LWDA to issue penalties for various labor violations associated with the wrongful misclassification workers as 1099 independent contractors, instead of hourly employees.  The distinction is crucial since unlike independent contractors, hourly employees in California are entitled to minimum wage, overtime, expense reimbursement, meal and rest breaks, and other employee rights and protections.  Importantly, in California there is now a presumption that most independent contractors should be treated as employees.

The PAGA penalties are:

  1. For $100 for the initial violation per pay period.
  2. For $200 for each subsequent violation per pay period.

The penalties are allocated 75% to the LWDA and 25% to the affected employees, and can become quite costly to the employer. 

The complaint letter is filed online.  After the PAGA complaint is filed, the LWDA has 65 days to investigate and decide whether to pursue the penalties.  If the LWDA does not do this, the person filing the PAGA complaint may bring a PAGA lawsuit in court.

BEST USE OF THIS FORM:

A PAGA complaint is an extremely useful weapon used by California labor and employment attorneys to make and settle claims with employers.  Because the penalties are assessed for all the workers and not just you, the amount potentially owed can be so quite intimidating.  If your employer agrees to settle with you on what you are owed, you can agree to withdraw your PAGA complaint as part of the settlement.  This is something which motivates many employers who have had a PAGA complaint filed against them.

OTHER FORMS YOU CAN USE WITH THIS FORM:

A My Job Claim.com Settlement Demand for Wages, Overtime and Penalties is made even stronger if it follows the filing of a PAGA complaint with the LWDA.  The employer must now deal with a well reasoned settlement demand and the looming PAGA complaint.

TIPS: 

The complaint the the LWDA must be in a certain format with significant detail or the employer can attempt to contest it.  After filing the form online, you must mail $75 to the LWDA unless you qualify for a fee waiver (the fee waiver form is located at: https://www.courts.ca.gov/documents/fw001.pdf).  You must also sent a copy of the PAGA complaint by certified mail to the employer.

Always proofread for typos and format issues to make the letter as professional looking as possible.

DISCLAIMER:

My Job Claim.com is not a law firm and we do not provide legal advice.  No attorney-client relationship is created or to be reasonably contemplated by the purchase or use of a My Job Claim.com form.  The forms sold on this site are generalized templates.  The "tips" contained herein are provided for general informational purposes only and should not be relied upon as legal advice.  Our forms should not be relied to achieve a certain result or specifically address your individual situation.  We make no guarantee of the form's ultimate effectiveness and much depends on the how the customer edits and utilizes the form.  If you feel you need legal advice or assistance with our forms or your situation, you should consult experienced legal counsel in your area.