📋 Overview
You've received a PAGA notice - this is a serious matter requiring immediate attention. PAGA allows employees to sue on behalf of all "aggrieved employees" to recover civil penalties that would otherwise only be available to the Labor Commissioner. Understanding the cure period and response options is critical.
⚠ 65-Day Deadline
You have 65 days from the date of the LWDA notice to cure certain violations. After that, the employee can file a PAGA lawsuit in court.
🕒 Representative Action
Unlike class actions, PAGA claims don't require class certification. The employee can represent all "aggrieved employees" automatically.
💰 Penalty Distribution
75% of PAGA penalties go to LWDA, only 25% to employees. But penalties accumulate quickly with multiple violations and employees.
How PAGA Works
- Pre-suit notice - Employee must file notice with LWDA and employer at least 65 days before suing
- LWDA review - LWDA has 65 days to investigate; if no action, employee can proceed
- Cure opportunity - For certain violations, employer can cure within 33 days and avoid penalties
- Penalties - $100 per employee per pay period (initial), $200 for subsequent violations
- Scope - Covers all "aggrieved employees" within the 1-year statute of limitations
Case review, professional response letter, cure documentation. Critical for PAGA matters.
🔍 Evaluate the Notice
Carefully review the PAGA notice to identify the specific violations alleged and determine your exposure.
Penalty Calculation Matrix
| Violation Type | Penalty Per Employee/Pay Period | Curable? |
|---|---|---|
| Unpaid wages (LC 201-204) | $100-$200 | Yes |
| Meal/rest break violations | $100-$200 | Limited |
| Pay stub violations (LC 226) | $100-$200 | Yes |
| Overtime violations | $100-$200 | Yes |
| Minimum wage violations | $100-$200 | Yes |
| Reimbursement violations (LC 2802) | $100-$200 | Yes |
📄 Notice Review
- ✓Date notice sent to LWDA (starts 65-day clock)
- ✓Specific Labor Code sections cited
- ✓Facts and theories alleged
- ✓Number of potential aggrieved employees
📝 Exposure Assessment
- ✓Number of affected employees
- ✓Number of pay periods at issue
- ✓Which violations are curable
- ✓Total penalty exposure calculation
📊 PAGA Penalty Calculation Example
50 employees x 26 pay periods x $100 penalty
⚠ Track Your Deadline
The 65-day period begins when the employee files the notice with LWDA, not when you receive it. Verify the LWDA filing date immediately. For curable violations, you have 33 days from the employee's notice to cure and provide written notice of the cure.
🛡 The Cure Period
Certain PAGA violations can be "cured," which prevents the employee from pursuing penalties for those violations. Understanding what can be cured and how is critical.
Curable Violations (LC 2699.3(c))
The following violations can be cured if you: (1) pay all amounts owed, (2) fix the underlying issue, and (3) provide written notice of the cure to LWDA and the employee within 33 days.
Cure Requirements
To successfully cure: (1) Make employees whole by paying all wages/penalties owed, (2) Fix the underlying practice to prevent future violations, (3) File a cure declaration with LWDA within 33 days.
Non-Curable Violations
Some violations cannot be cured, including: repeat violations after a prior cure, certain safety violations, and violations where the "injury" cannot be remedied (e.g., failure to provide meal breaks already missed).
💡 Cure Strategy
Even partial cures can significantly reduce exposure. If you can cure some but not all violations, do so. This eliminates penalties for the cured violations and demonstrates good faith, which may help in settlement negotiations for remaining issues.
⚖ Response Options
Based on your evaluation, choose the appropriate response strategy.
🚨 PAGA Traps to Avoid
- Missing the cure deadline - You only have 33 days from the employee's notice to cure
- Incomplete cure - Must pay ALL employees, not just the one who noticed
- No cure declaration - Must file written notice with LWDA confirming cure
- Ignoring the notice - After 65 days, employee can file lawsuit without further notice
📝 Sample Responses
Copy and customize these response templates for your situation.
🚀 Next Steps
What to do after receiving a PAGA notice.
Day 1-3: Verify Timeline
Confirm LWDA filing date. Calculate your 33-day cure deadline and 65-day lawsuit deadline.
Day 4-14: Audit Violations
Review records for each alleged violation. Identify affected employees and pay periods.
Day 15-25: Calculate & Cure
For curable violations, calculate amounts owed and issue payments to all affected employees.
Day 26-33: File Declaration
File cure declaration with LWDA and send copy to plaintiff's counsel before Day 33.
If LWDA Investigates
- Rare occurrence - LWDA investigates only a small percentage of PAGA notices
- Cooperation - Respond promptly to any LWDA requests
- Settlement - LWDA involvement can lead to supervised settlement
If Lawsuit Is Filed
- Answer within 30 days - Standard civil litigation timeline applies
- Discovery - Expect payroll records requests, employee depositions
- Manageability - Challenge claim if truly unmanageable as representative action
- Settlement - Most PAGA cases settle; court must approve any settlement
Get Professional Help
PAGA matters require immediate action and careful strategy. Get a professional response and cure documentation on attorney letterhead.
Schedule Consultation - $450