How does a ‘private attorney general’ action differ from a class action?

A “private attorney general” action is generally much simpler to pursue than a class action, because it does not require class certification or notice to absent parties. A “private attorney general” action can be much more limited than a class action, because the Unfair Competition Act (also “Unfair Competition Law”) allows a more limited range of remedies. For instance, instead of monetary damages as in a class action, fines are collected under the Unfair Competition Act. These fines must be split by the employees and the State of California Labor and Workforce Development Agency, with 75 percent going to the state agency.

Understanding a Private Attorney General Action and Class Action

A private attorney general action became an option when California passed the Private Attorney General Act of 2004. This Act gave private citizens the right to sue for a variety of different labor code violations that previously only state agencies could sue for. Such violations include unpaid overtime, fees for bounced checks, and various other labor code violations. When an employee or group of employees sue under the private attorney general rules, they are entitled to collect civil fines, but only get to keep 25 percent of them.

A class action, on the other hand, involves plaintiffs filing a civil suit because they have all endured a similar legal wrong. The class of plaintiffs must all be certified to have a similar enough claim. There will be a lead plaintiff or group of plaintiff’s appointed and when the settlement or court verdict comes in, the money will be divided among the plaintiffs and attorneys who managed the case. These civil damages awarded in the class action case do not need to be shared with the Labor and Workforce Development Agency.

Getting Help

For assistance in determining whether you should bring a class action or a private attorney general action, you should consult with an attorney. Your lawyer can explain the class action process, unfair competition law, and private attorney general action in detail. An attorney can also discuss options and help you decide what the best course of action is in the class action.

Case Studies: Private Attorney General Action vs. Class Action

Case Study 1: Private Attorney General Action 

Emily, an employee, discovers various labor code violations in her workplace, such as unpaid overtime and bounced check fees. With the passage of the Private Attorney General Act in California, she realizes she has the right to sue her employer for these violations as a private citizen. Emily decides to pursue a private attorney general action to seek civil fines and hold her employer accountable. She understands that the fines collected will be split between the employees and the state agency, with 75 percent going to the agency.

Case Study 2: Class Action 

David, along with a group of employees, experiences similar legal wrongs in their workplace, such as wage violations. They decide to file a class action lawsuit against their employer. They undergo the process of class certification, where the court determines if their claims are similar enough to proceed as a class. Once certified, David and the other plaintiffs appoint a lead plaintiff or group of plaintiffs to represent the class.

In the event of a settlement or court verdict, the awarded damages will be divided among the plaintiffs and attorneys who managed the case. Unlike a private attorney general action, the funds recovered in a class action do not need to be shared with a state agency.

Case Study 3: Seeking Legal Guidance

Michael, an employee facing labor code violations, is unsure whether to pursue a private attorney general action or a class action. He seeks legal assistance and consults an attorney experienced in labor law. The attorney explains the nuances of both options, clarifying the specific processes involved in each. After discussing the details of Michael’s case, the attorney provides guidance on the best course of action, considering the nature of the violations, the number of affected employees, and the desired outcome.​