Five Things Every Employer Needs to Know About the LWDA’s Proposed PAGA Regulations
On February 6, 2026, the California Labor and Workforce Development Agency (LWDA) published a Notice of Proposed Rulemaking to adopt the first-ever set of formal regulations governing PAGA’s administrative procedures. That sentence alone should get the attention of every California employer.
Since PAGA was enacted in 2004, and even after the landmark 2024 reforms, there have been no regulations clarifying how the law’s administrative processes actually work—from the initial notice requirements, to the cure procedures, to settlement oversight. The proposed regulations would change that in significant ways, adding 34 new sections to Title 8 of the California Code of Regulations. The written comment period closes on March 23, 2026, and these rules could reshape how PAGA cases are initiated, defended, and resolved.
This Friday’s Five breaks down the five most important things employers need to know about these proposed regulations and what they mean for your business.
1. Under the Proposal PAGA Notices Must Include Specific Facts — Boilerplate Won’t Cut It Anymore
For years, a common frustration for employers receiving PAGA notices has been the vague, cookie-cutter quality of the allegations. A notice might list a dozen Labor Code sections and recite the statutory language, but tell you almost nothing about what the employee actually experienced or why they believe a violation occurred. That made it nearly impossible for employers to evaluate the claims, respond meaningfully, or take corrective action.
The proposed regulations take direct aim at this problem. Under proposed Section 17420, all PAGA notices will need to be filed using a standardized form prescribed by the LWDA. More importantly, the notice must include a “short and plain statement of the facts and theories supporting each violation alleged and personally suffered by the claimant.” The regulations make clear that “[c]onclusory statements, generalized or vague allegations of violations without supporting facts particular to the claimant’s circumstances or working conditions, or statements summarizing or restating the law or legal requirements are not sufficient.”
That is a significant change in practice, even if courts have technically required specificity for years. Standardizing the form and explicitly spelling out what does not qualify gives employers a much stronger basis to challenge inadequate notices.
But the real teeth are in proposed Section 17420(f): no violation or theory of violation may be alleged in any PAGA lawsuit, or released in any settlement, unless it was included in a compliant PAGA notice or amended notice and the procedural requirements were satisfied. This is a powerful new defense tool. If the notice did not adequately allege it, a plaintiff cannot litigate it or settle it. Employers and their counsel should pay close attention to this provision, because it creates a direct link between the quality of the notice and the scope of any subsequent litigation.
2. The LWDA Is Going After PAGA Mill Firms with “High-Frequency Filer” and “Vexatious Filer” Designations
The LWDA is not being subtle about the problem it is trying to solve. In its Initial Statement of Reasons accompanying the proposed regulations, the agency laid out the data: during fiscal year 2024–2025, a total of 8,846 PAGA notices were filed. Five law firms alone accounted for 2,086 of those filings—nearly a quarter of all notices. Three firms filed more than one PAGA notice per day on average, with one firm filing 605 notices and a single attorney filing 597 in a single year.
The LWDA described these high-volume filers as typically using template notices that “repeat the same or similar allegations in a conclusory, boilerplate, or frivolous manner,” and stated that in many cases these attorneys “do not report filing PAGA lawsuits, thus demonstrating an apparent strategy of using PAGA notices as a bargaining chip in seeking quick individual settlements and attorneys’ fees recoveries without representing or seeking to protect the interests of the state or other aggrieved employees.”
In response, proposed Section 17415 creates a two-tier system. First, any attorney or law firm that files 200 or more PAGA notices in a 12-month period is designated a “high-frequency filer.” These filers must include a cover letter disclosing that status and a signed certification from the claimant confirming the claimant reviewed the notice, believes the allegations accurately describe violations they personally suffered, and the notice is not filed for an improper purpose like harassment.
Second, and more consequentially, the LWDA can designate an attorney or person as a “vexatious filer” after providing notice and an opportunity to be heard. A vexatious filer designation applies when someone has repeatedly filed PAGA notices that fail to meet legal requirements—including notices with inadequate facts and theories, frivolous allegations, or notices that appear intended to harass. Once designated, the attorney or firm is subject to a prefiling screening order, meaning their PAGA notices will not be accepted for filing until the LWDA reviews them for compliance. The LWDA will maintain a public list of both high-frequency and vexatious filers.
For employers, this is a welcome development. While it will not eliminate PAGA litigation, it signals a meaningful effort by the LWDA to curb the most abusive filing practices that have driven up costs for employers—particularly small businesses in the restaurant and hospitality industries that are frequent targets of these mass filings.
3. The Small Employer Cure Process Has Detailed Procedures — And a 33-Day Clock
The 2024 PAGA reforms created a new pre-litigation cure process for employers with fewer than 100 employees, allowing them to propose corrective measures to the LWDA before a lawsuit can be filed. The proposed regulations now provide the detailed procedural framework for how this will actually work in practice.
Under proposed Sections 17430 through 17439, the process works as follows. Once an employer receives a PAGA notice, it has 33 days to submit a confidential cure proposal to the LWDA. That proposal must identify the violations the employer proposes to cure and describe the specific actions it will take to correct them. The LWDA then has 14 days to review the proposal and decide whether to schedule a conference. If the proposal is facially sufficient or if a conference would help determine whether a cure is possible, the LWDA will schedule a cure conference—which may be conducted in person, by video, or by phone.
Before the conference, both parties must file pre-conference statements. The employer describes its proposed cure measures in detail, and the claimant states their position on whether those measures are sufficient. At the conference, an LWDA attorney works with both sides to determine what measures are necessary to cure the violations. If a cure plan is reached, the employer has up to 45 days to complete the corrective actions and must submit a sworn statement to the LWDA confirming completion.
There are several important details employers should note. Cure proposals are treated as confidential settlement communications under Evidence Code Section 1152, so they cannot be used as admissions of liability. However, an employer cannot use the cure process for the same Labor Code violation more than once within a 12-month period, regardless of worksite location. The employee cannot file a lawsuit while the cure process is pending. And if the LWDA determines the cure is complete but the claimant disagrees, the claimant can request a formal hearing before the Labor Commissioner’s Office—but must do so within just 10 days.
The takeaway for small employers is straightforward: the cure process offers a genuine opportunity to resolve PAGA claims before litigation, but only if you act quickly. The 33-day clock starts running the moment you receive a PAGA notice. Employers should have a plan in place now for how they will respond, including having counsel ready to evaluate whether the cure process is the right path for a given case.
4. PAGA Settlement Oversight Would Be Getting Much Stricter
One of the key goals of the 2024 PAGA reforms was to increase the LWDA’s oversight of PAGA litigation, particularly when it comes to settlements. The proposed regulations significantly expand what parties must do when settling a PAGA case.
Under proposed Section 17461, a proposed PAGA settlement submitted to the LWDA must now include far more than just the settlement agreement itself. Parties must submit the fully executed settlement agreement, all court filings supporting the settlement (including motions and declarations), and proof that they notified every other person with a pending PAGA action against the same employer. That notification must include a bold-text warning that the proposed settlement “may impact or foreclose your ability to pursue claims against the same defendant(s).”
The LWDA must be given at least 45 days to review any proposed settlement, and the parties are prohibited from voluntarily consenting to a court hearing that gives the LWDA less time than that. Other claimants with pending PAGA actions can submit comments for or against the settlement within 21 days. These provisions are designed to prevent the low-value, quick-turnaround settlements that some practitioners have used to resolve PAGA claims without meaningfully addressing the underlying violations.
Perhaps most significantly, proposed Section 17462 prohibits any pre-litigation settlement from releasing PAGA claims. Specifically, if an employee has filed a PAGA notice but has not yet filed a lawsuit, any private settlement between the employee and employer during that window cannot release the employer from PAGA claims belonging to the state or other employees. This directly targets the practice of plaintiff attorneys using PAGA notices as leverage to extract quick individual settlements without ever filing suit or protecting the interests of other workers.
For employers, this means the days of quietly resolving a PAGA notice with a check and a release before litigation may be over. Any resolution of PAGA claims will need to go through formal litigation and court-supervised settlement processes, with the LWDA looking over the parties’ shoulders.
5. Employers Would Have a Formal Response Process
Under proposed Section 17421, employers have a formal mechanism to respond to a PAGA notice within 33 days of receipt. The response is optional—the regulations make clear an employer “may, but is not required to, file a response.” But given everything else in these proposed regulations, employers should seriously consider using it.
An employer response can identify which violations the employer disputes and describe the factual and legal bases for those disputes, supported by evidence. The response need not address every violation alleged—it can be targeted to the claims the employer disputes most. This response is filed with the LWDA during the same 65-day window the agency uses to decide whether to investigate the case.
Think about what that means strategically. If a PAGA notice is deficient under the new specificity requirements—if it contains the kind of boilerplate, conclusory allegations the LWDA itself has criticized—an employer response is the employer’s first opportunity to put those deficiencies on the LWDA’s radar. A well-crafted response could influence the LWDA’s decision to investigate, shape the scope of any cure proceedings, or lay the groundwork for future litigation defenses.
This is especially important when paired with the new rule that violations can only be litigated or settled if they were adequately alleged in a compliant PAGA notice. An early, documented employer response identifying notice deficiencies could pay dividends down the road.
What Employers Should Do Now
These regulations are still in the proposal stage—the comment period runs through March 23, 2026, and the final rules could look different depending on what feedback the LWDA receives. But the direction is clear: the LWDA is moving to standardize procedures, raise the bar for PAGA notices, crack down on abusive filing practices, and increase settlement oversight.
Employers should take the following steps now:
- Review the proposed regulations and consider submitting comments to the LWDA by March 23, 2026, particularly if you have experienced issues with boilerplate or frivolous PAGA notices.
- Ensure your compliance infrastructure is in place. The cure process rewards employers who can act quickly. If you receive a PAGA notice, you need to be able to evaluate the claims, assess your compliance posture, and decide whether to pursue a cure proposal—all within 33 days. As we have written about before, employers need to be using technology to understand their time record data – it provides many benefits.
- Talk to your employment counsel about a PAGA response strategy. With the new formal response mechanism and heightened notice specificity requirements, there are real opportunities to challenge deficient PAGA notices early in the process.
- Conduct proactive compliance audits. The 2024 PAGA reforms allow employers who can demonstrate “all reasonable steps” to cap penalties at 15%. These proposed regulations add another layer: a structured cure process that only benefits employers prepared to use it. The best time to prepare is before a PAGA notice arrives, and we have been working with many of our clients to be able to prove these reasonable steps.
The post Five Things Every Employer Needs to Know About the LWDA’s Proposed PAGA Regulations appeared first on California Employment Law Report.
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