The PAGA notice process, step by step
No PAGA lawsuit can start without a proper notice. What it must contain and what happens next.
A PAGA claim has a required administrative step before any lawsuit (Labor Code 2699.3). A defective notice can sink an otherwise valid claim, so this step deserves care.
Write the notice
The notice describes the specific Labor Code provisions the employer is alleged to have violated, and the facts and theories supporting each one. It should be specific enough for the employer and the State to understand and investigate the claims. Vague, boilerplate lists of statutes invite challenges.
File it and serve it
- File the notice online with the Labor and Workforce Development Agency (LWDA) through its PAGA filing portal, and pay the filing fee (currently $75, which can be waived for hardship).
- Send the same notice to the employer. The statute specifies how; certified mail is commonly used.
- If you are represented by a lawyer, the notice is filed through counsel; since the 2024 amendments, notices from represented employees must indicate this.
The waiting period
The LWDA decides whether to investigate. If it notifies the employee that it does not intend to investigate, or if it does not respond within the statutory period (65 calendar days from the notice), the employee may file a PAGA lawsuit. If the LWDA chooses to investigate, the timeline is longer and the agency may issue citations itself.
The one-year statute of limitations for penalties (Code of Civil Procedure 340) is tolled (paused) while the notice period runs, but only for the violations described in the notice.
Cure and early resolution
For some violations, the law allows the employer to "cure" them within a set time after receiving notice, which can end or reduce the claim for those violations. The 2024 amendments expanded cure options and created procedures for early resolution:
- employers with fewer than 100 employees can submit a confidential cure proposal to the LWDA within 33 days of receiving the notice;
- employers can ask the court for an early evaluation conference after a lawsuit is filed, with the case generally paused while it takes place.
How cure works for a particular violation depends on the statute involved.
After the lawsuit is filed
- A copy of the complaint must be submitted to the LWDA when it is filed.
- Any proposed settlement must be submitted to the LWDA when it is presented to the court, and the court must review and approve it.
- A copy of any judgment or order awarding penalties must also be sent to the LWDA.
Before you file
Gather what you can: paystubs, schedules, time records, written policies, and notes about missed breaks or unpaid time. Because the notice limits the case, and the 2024 law requires that you personally suffered each violation, a careful review before filing matters more than it did before.