PAGA Claims Attorney in Ventura, CA

Truck Driver Misclassification and PAGA Claims

Truck driver misclassification is one of the most serious and widespread Labor Code violations in Ventura County. Due to the area’s proximity to major distribution routes and Port Hueneme, trucking and logistics companies frequently classify drivers as independent contractors to avoid paying overtime, providing meal and rest breaks, or reimbursing expenses such as fuel, maintenance, and equipment.

Under California’s ABC test, workers are presumed to be employees unless the employer can satisfy all three prongs of the test. For truck drivers, this is often difficult because driving and delivery services are typically central to the employer’s business operations. When misclassification occurs, PAGA allows workers to pursue civil penalties and enforce compliance with California labor laws.

What to Expect When Filing a PAGA Claim

PAGA claims involve specific procedural requirements that must be followed carefully.

These include:

• Written Notice – Employees must submit a written notice describing the alleged Labor Code violations to both their employer and the Labor and Workforce Development Agency (LWDA).
• One-Year Deadline – The notice must be filed within one year of the violation.
• LWDA Review Period – The LWDA has 65 days to decide whether it will investigate the claim.
• Civil Lawsuit – If the agency does not pursue the matter, the employee may proceed with a PAGA lawsuit in civil court.

Recent reforms encourage early resolution and allow employers to cure certain violations, potentially reducing penalties. However, these reforms also impose stricter standing requirements, meaning PAGA plaintiffs must have personally experienced each Labor Code violation alleged.

How Strauss & Strauss, APC Can Help with Your PAGA Claim

PAGA claims are legally complex and require a strategic, detail-oriented approach. Strauss & Strauss, APC has recovered over $100 million for California employees and has extensive experience handling wage-and-hour disputes, misclassification cases, and PAGA actions throughout Ventura County and statewide.

We exclusively represent employees, never employers, and are committed to advancing workers’ rights. Our attorneys thoroughly investigate potential violations, handle all required notices and filings, and pursue maximum penalties on behalf of our clients and their coworkers.

If you believe your employer has violated California labor laws, time is critical. Contact us online or call (805) 303-8115 today for a free consultation.

Frequently Asked Questions

Who is eligible to file a PAGA claim?

Any current or former employee who personally experienced at least one Labor Code violation may qualify as an aggrieved employee under PAGA.

Do PAGA claims replace individual wage lawsuits?

No. PAGA claims seek civil penalties and do not replace claims for unpaid wages or other damages that may be available through separate legal actions.

How long do I have to file a PAGA claim?

PAGA claims are subject to a one-year statute of limitations, making it important to speak with an attorney as soon as possible.