In the Court of Appeal of the State of California, Lizbeth Balderas filed a lawsuit against Fresh Start Harvesting, Inc. The case, with ID 2d Crim. No. B3826759 and dated March 20, 2024, revolves around Balderas's complaint for civil penalties for violations of the California Labor Code Private Attorneys General Act of 2004 (PAGA) on behalf of herself and 500 other current and former employees.
Balderas was an employee at Fresh Start and in June 2022, she filed a complaint under PAGA against the company. She alleged that Fresh Start did not provide employees with required meal break periods and rest periods, provided inaccurate wage statements, made untimely wage payments, and failed to pay wages at termination.
The trial court initially ruled that Balderas lacked standing to bring a representative PAGA action on behalf of other employees because she did not allege an individual claim in the action. However, Balderas argued that as an aggrieved employee who was subject to alleged Labor Code violations by Fresh Start, she may bring a representative PAGA action on behalf of herself and other Fresh Start employees.
The plaintiff is seeking judgment for civil penalties for violations of the California Labor Code Private Attorneys General Act of 2004 (PAGA). She is acting on behalf of herself and all aggrieved employees at Fresh Start Harvesting Inc., seeking relief from the alleged labor code violations committed by the defendant.