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The California Labor and Workforce Development Agency (LWDA) has issued a Notice of Proposed Rulemaking to adopt new Private Attorneys General Act (PAGA) regulations.
These proposed rules are intended to implement and clarify PAGA procedures that were substantially amended by legislative reforms in 2024, including more detailed notice requirements, expanded administrative "cure" processes, and clearer post-filing reporting obligations.
The written comment period closes March 23, 2026. Comments may be submitted by mail to Danielle West, PAGA Rulemaking and Policy Analyst, Labor and Workforce Development Agency, 1416 Ninth Street (MIC-55), Sacramento, CA 95814 or by email to Danielle.West@labor.ca.gov.
The LWDA has not scheduled a public hearing, but it will hold one if it receives a written request no later than 15 days before the closing of the written comment period.
Overview of Proposed Regulations
The proposal would add a comprehensive set of new regulations addressing PAGA notices, filing/service mechanics, investigations, cure procedures, and settlement reporting.
- Online portal filing, fees, and privacy protections.
The proposed rules would require most PAGA-related submissions to be filed through the Department of Industrial Relations (DIR)/LWDA online PAGA portal. The regulations describe how portal filing works and how time is calculated for deadlines.
The regulations also confirm the current $75 filing fee for PAGA notices and discuss fees for employer responses, and certain cure-related submissions (with fee-waiver provisions).
In addition, the regulations would require parties to redact specified personal identifiers from filings and attachments.
- More detailed, standardized PAGA notices.
The proposed regulations would require the use of an LWDA form and encourage claimants to provide "short and plain" factual statements and theories rather than boilerplate allegations.
The proposed regulations would also limit subsequent litigation and settlements to the Labor Code violations and theories of liability included in the PAGA notice (or amended notice) when procedural requirements are satisfied.
- High Volume Filer Restrictions.
The proposal would also add new controls aimed at deterring mass, template-driven PAGA filings through a "high-frequency filer" framework. A "high-frequency filer" is defined to be an individual claiming to be an aggrieved employee or attorneys, representatives, and/or law firms who have filed 200 or more PAGA notices in the preceding 12 months (with an exception for certain nonprofit legal aid organizations).
Under the proposed regulations, a high-frequency filer's notice would be required to include a separate cover letter signed by the claimant, not just counsel, certifying that the notice is not "frivolous or lacking in evidentiary support." Additionally, the claimants would be required to certify that they have read and understand the notice and personally believe the facts alleged are true.
The same proposed regulations also introduce a related "vexatious filer" designation process, allowing the LWDA to issue prefiling screening orders and maintain a public list of "vexatious filers" on its portal—potentially increasing scrutiny and procedural friction for repeat filers whose submissions are found to be abusive.
- Clarity in Cure Process.
The proposed regulations set forth more structure to the cure process for small employers, including specifying information to be included in an employer's cure proposal submitted to the LWDA. The proposed regulations also address how notice of conferences will be provided; information the parties will need to submit prior to conferences; and disputing cure determinations and appealing such decisions.
The proposed regulations also attempt to provide more framework for wage statement cure procedures.
- Added settlement oversight and notice obligations in PAGA cases.
For employers litigating PAGA matters, the proposed regulations would clarify what must be submitted to the LWDA and when, including complaints, proposed settlements, and final orders/judgments.
The proposed regulations also would require a more robust settlement submission package and contemplate giving the LWDA at least 45 days to review proposed settlements. The regulations further address notice to other employees with pending actions against the same employer.
These regulations are only in the proposal stages, and the final shape of the regulations may be very different based on the types of comments the LWDA receives. If you have questions about the proposed regulations or related issues, contact a Jackson Lewis attorney to discuss.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
