Santos

I. BACKGROUND

In August 2015, Lourdes Santos and Carolina Chavez-Cortez sued their former employer for wage and hour violations. Under the operative third amended complaint, plaintiffs alleged defendants failed to: provide lawful meal breaks (Lab. Code, §§ 512, 226.7, 1198; second cause of action), authorize and permit rest breaks (Lab. Code, §§ 226.7, 1198; third cause of action), maintain and provide earning statements (Lab. Code, § 226; fourth cause of action), timely pay all wages due upon termination (Lab. Code, § 203; fifth cause of action), and pay compensation for all work performed (Lab. Code, § 1194; seventh cause of action). Plaintiffs also alleged unfair competition (Bus. & Prof. Code, § 17204; sixth cause of action), and sought civil penalties under PAGA (Lab. Code, § 2698 et seq.; first cause of action). The complaint alleged Chavez-Cortez was an aggrieved employee within the meaning of PAGA and that she was entitled to seek penalties under PAGA “on behalf of all aggrieved employees” and to prosecute the Labor Code violations under PAGA as to herself and all other aggrieved employees. Before bringing a PAGA claim, a plaintiff must comply with administrative…