On February 6, 2026, the California Labor & Workforce Development Agency (“LWDA”) issued an official Notice of Proposed Rulemaking regarding the Private Attorneys General Act of 2004 (“PAGA”), codified in Labor Code section 2698, et seq. (See Rulemaking: Labor Code Private Attorneys General Act of 2004 | LWDA.) The proposed rulemaking establishes requirements for filing PAGA notices (notices of alleged Labor Code violations by employers and for which an aggrieved employee seeks to recover civil penalties) with the LWDA, provides guidance concerning the investigation and early resolution procedures administered by the LWDA, and implements statutory litigation-reporting obligations PAGA plaintiffs owe to the LWDA.
The LWDA invited the public to submit written comments on the proposed regulations through March 23, 2026. The LWDA then held a public hearing on April 9, 2026. The LWDA is now reviewing the comments submitted prior to and at the public hearing. Based on its review, the LWDA will issue final regulations at a time to be determined.
PAGA Background
The California Legislature enacted PAGA in 2004, allowing employees to step into the shoes of the State and file lawsuits against their current or former employer for alleged Labor Code violations. Typically alleged violations concern the minimum wage, overtime wage, meal periods, rest periods, and expense reimbursements. If successful, said employees (alleged “aggrieved employees”) may recover civil penalties against...
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