California Appellate Court Finds Prior PAGA Statute Provided Standing for Former Employee More Than Year Later
On May 27, 2025, the California Court of Appeal for the Second Appellate District held that a former employee retains standing to bring California Private Attorneys General Act (PAGA) claims against an employer more than a year after separation , even though PAGA’s statute of limitations for civil penalties is one year. This decision is rooted in the statutory language prior to the July 2024 PAGA reforms and contrasts with the new, narrower standing requirements. Additionally, the decision directly contradicts other recent decisions reaching the opposite conclusion. Quick Hits The appellate court confirmed that, under the law as it existed prior to July 2024, a former employee could file PAGA claims even eighteen months after leaving employment, regardless of the one-year PAGA statute of limitations for civil penalties. The decision focused on the definition of “aggrieved employee” under the former version of Labor Code Section 2699, emphasizing that standing depended on whether the c...