California PAGA Lawsuits: Can You Sue Only for Other Employees? The CRST Expedited Decision Explained
Most California employees know that the Private Attorneys General Act (PAGA) lets them sue on behalf of themselves and other workers for civil penalties when their employer breaks the California Labor Code. But what if you want to file a PAGA lawsuit in California and drop your own claims, moving forward only for violations suffered by others, can you still proceed? That’s what the recent Court of Appeal decision in CRST Expedited, Inc. v. Superior Court tackled.
This case matters because it deals with “headless” PAGA actions i.e. lawsuits where the worker drops their own claims, often to avoid mandatory arbitration, and focuses only on violations suffered by co-workers.
I’m Matt Ruggles, and I’ve been representing California employees for decades in unpaid wage and wrongful termination claims. I also have years of experience handling PAGA claims. If you’re considering this sort of claim, I thought this would be a useful case to review. I’ve broken down the case here to explain to California employees what’s useful to know from this decision.
What Is a PAGA Lawsuit in California and How Does It Work?
A PAGA lawsuit, short for Private Attorneys General Act lawsuit, is a legal action California employees can file against their employer for Labor Code violations. Instead of the state’s labor agency bringing the case, an “aggrieved employee” acts as a representative of the State of California to recover civil penalties the employer would otherwise owe to the state.
How can a California employee file a PAGA lawsuit?
Before filing in court, the employee must first send a detailed written notice to the Labor and Workforce Development Agency (LWDA) describing the violations. If the LWDA doesn’t investigate within the statutory time frame, the employee can proceed in court on the state’s behalf.
What kinds of cases can PAGA lawsuits be used for in California?
PAGA can be used for a wide range of Labor Code violations, including:
- Unpaid wages or overtime
- Missed meal and rest breaks
- Inaccurate wage statements
- Late payment of final wages
- Failure to reimburse work expenses
- Sick leave or vacation pay violations
If you believe your employer owes you back pay, you’ll want to understand the best way to demand it. For a step-by-step guide, read my blog “How to Demand Unpaid Wages Like an Employment Lawyer.”
Why would a California employee file a PAGA lawsuit?
A PAGA lawsuit can be a powerful tool because:
- It allows one employee to seek penalties for violations affecting many workers, even if individual damages are small.
- Civil penalties can add up quickly, creating leverage for settlement.
- It sends a clear message that the employer’s practices are not compliant with California labor law.
CRST Expedited Case: How It Changed PAGA Lawsuits in California
Espiridion Sanchez worked as a tire maintenance technician for Gardner Trucking, a California division of CRST Expedited. His primary language was Spanish, and he signed an English-language arbitration agreement when he was hired.
During his job, Sanchez faced multiple Labor Code violations: missed meal breaks because he had to eat while driving between jobs, unreimbursed expenses for tools and equipment, late final wages, and unpaid overtime. In 2019, he sent the required PAGA notice to the Labor and Workforce Development Agency (LWDA) and filed suit on behalf of himself and other employees.
The employer moved to force arbitration of his “individual” PAGA claims, meaning the claims based on violations he personally suffered, and to dismiss the rest. After the U.S. Supreme Court’s Viking River Cruises decision, many trial courts did just that. But in Adolph v. Uber Technologies, the California Supreme Court pushed back, holding that sending an employee’s individual claims to arbitration didn’t automatically kill their standing to pursue claims for other workers in court.
Sanchez then voluntarily dismissed his own individual claims to avoid arbitration entirely. That’s how the case became a “headless” PAGA action, one based solely on violations against other employees. The employer argued he no longer had standing. The Court of Appeal disagreed.
CRST Expedited Decision: Key Takeaways for PAGA Lawsuits in California
The Court held that headless PAGA actions were allowed under the version of PAGA in effect before July 1, 2024 (the date new amendments took effect). Here’s why:
- The key statutory phrase – “on behalf of himself or herself and other current or former employees” – was ambiguous.
- Given PAGA’s broad purpose to encourage enforcement of California labor laws, the court interpreted “and” to mean “and/or.”
- That means a PAGA plaintiff could sue for violations they suffered, violations suffered only by others, or both.
In short, under the old law, you didn’t lose standing just because you dropped your own claims.
Why This Decision Matters if You’re Considering a PAGA Lawsuit in California
Headless PAGA was allowed under the old law.
The CRST Expedited court interpreted PAGA’s “and” as “and/or,” which meant a worker could pursue penalties only for other employees after dismissing their own individual PAGA claims, at least for older cases. This clarified a key tactic some employees use to avoid arbitration delays.
Standing still matters; arbitration can affect it.
Even in headless setups, your status as an “aggrieved employee” can be tested. If an arbitrator or court later finds you weren’t personally aggrieved, you can lose standing to pursue non-individual claims. Strategy matters before you file or dismiss anything.
The rules changed in mid-2024.
New PAGA amendments took effect July 1, 2024 and include application triggers tied to dates. In CRST, the court explains that amendments apply to civil actions brought on or after June 19, 2024 and do not apply if the required LWDA notice was filed before June 19, 2024. Translation: older notices/actions likely follow the old regime; newer ones face the new rules.
Timing dictates your playbook.
If your LWDA notice pre-dates June 19, 2024, you may be able to use the headless path clarified in CRST. If it post-dates that cutoff, the new PAGA framework likely governs. Confirm your dates before choosing a strategy for PAGA lawsuits in California.
Be deliberate when considering a PAGA lawsuit in California.
Don’t drop personal claims, or race to file, without a plan. Map your goals (speed, leverage, scope of violations) against the applicable rule set and dates, then proceed.
Key Takeaways for California Workers Filing a PAGA Lawsuit
- If your case started before July 1, 2024, you may still have the option to pursue a headless PAGA action.
- Dropping your own claims won’t necessarily end your case, but the timing and facts matter.
- Employers will fight this so expect motions to dismiss and appeals.
- Know the law changes: post-July 2024 claims will be evaluated under different rules.
Steps to Take If You’re Thinking About Filing a PAGA Lawsuit in California
If you’ve experienced wage theft, missed breaks, or other Labor Code violations, here’s how to protect yourself:
Step 1: Gather pay records, schedules, and any written policies.
Step 2: Document what happened and when.
Step 3: Talk to a California employment lawyer before deciding whether to include or drop your own claims.
Step 4: Be strategic: timing and procedure can make or break a PAGA case.
If your main goal is to get your wages paid quickly, you should read my blog “Fastest Way to Recover Unpaid Wages in California” to learn which legal options can get results in the shortest time.
Frequently Asked Questions About PAGA Lawsuits in California
What is a PAGA lawsuit in California?
A PAGA lawsuit, short for Private Attorneys General Act lawsuit, is a legal action that allows a California employee to sue their employer for Labor Code violations on behalf of themselves, other employees, and the State of California. The goal is to recover civil penalties that the state could have assessed, with 75% going to the state and 25% to the employees.
Who can file a PAGA lawsuit in California?
Only an “aggrieved employee” can file a PAGA lawsuit. This means you must have personally experienced at least one Labor Code violation by your employer.
What kinds of violations can a PAGA lawsuit cover?
PAGA lawsuits in California can cover a wide range of Labor Code violations, including:
- Unpaid wages or overtime
- Missed meal or rest breaks
- Late payment of final wages
- Inaccurate wage statements
- Failure to reimburse work expenses
- Sick leave and vacation pay violations
Do I have to file a complaint with the state before filing a PAGA lawsuit?
Yes. You must first file a written notice with the California Labor and Workforce Development Agency (LWDA) describing the alleged violations. If the LWDA does not act within the statutory time frame, you may proceed with your lawsuit in court.
How long do I have to file a PAGA claim?
Generally, you must file your LWDA notice within one year of the alleged Labor Code violation.
How is a PAGA lawsuit different from a class action?
In a class action, employees seek to recover damages or wages directly for themselves. In a PAGA lawsuit, you seek civil penalties on behalf of the State of California, even though part of the recovery goes to employees.
Can I still file a PAGA lawsuit if I signed an arbitration agreement?
Often, yes. While arbitration agreements can require you to arbitrate your individual claims, courts have held that representative PAGA claims for other employees can still be pursued in court, although the rules changed on July 1, 2024, and may affect your case strategy.
Why would I file a PAGA lawsuit instead of a wage claim with the Labor Commissioner?
A PAGA lawsuit can address violations that affect many employees, not just you. This can result in higher penalties and create more leverage to change unlawful workplace practices.
How much can employees recover in a PAGA lawsuit?
Civil penalties vary depending on the violation and how often it occurred. The law sets default penalty amounts, but they can add up quickly if the violations are widespread.
Do I need a lawyer to file a PAGA lawsuit in California?
While you can technically file on your own, PAGA lawsuits are complex and involve strict procedural requirements. An experienced employment lawyer can ensure your notice is filed correctly, your claims are preserved, and your strategy is sound.
Final Thoughts on Filing a California PAGA Lawsuit After CRST Expedited
The CRST Expedited decision confirms that, under the old PAGA rules, employees could bring a lawsuit solely for violations suffered by others. It’s a reminder that PAGA is about enforcing California’s labor laws for the benefit of all workers, not just one individual.
If you’re thinking about filing a PAGA claim, or if your employer is pushing you into arbitration, get legal advice early. At the Ruggles Law Firm, we’ve spent decades helping employees hold employers accountable through PAGA and other legal tools.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no-obligation evaluation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
