The California Labor and Workforce Development Agency (LWDA) announced proposed regulations for the Private Attorneys General Act of 2004 (PAGA), which are open for public comment until March 23, 2026. The proposed regulations aim to standardize PAGA notice requirements, increase the opportunity for employers to cure PAGA violations, increase LWDA involvement in PAGA settlements, curb boilerplate notices, and govern high-volume filers.
These proposals build on and are consistent with the recent 2024 legislative reform to PAGA, which marked the first major reform of the law since its inception in 2004. The 2024 reforms instituted a standing requirement for all underlying Labor Code violation claims, expanded the types of violations that can be “cured” before or soon after litigation, and strengthened the LWDA’s oversight role.
Requiring Standardized, Detailed PAGA Notices
The LWDA noted in its Notice of Proposed Rulemaking that the PAGA notices it receives “in many cases fail to satisfy the purpose of the statutory notice requirement.” To address these common shortcomings, the proposed regulations would standardize the notice for employees or their counsel to submit claims to the LWDA. This form notice would include several key categories: the employee’s job duties; the Labor Code sections the employee is alleging the employer violated; a “short and plain” statement of facts and theories; and the penalty section under which recovery is sought. Requiring this information...
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