The California Labor and Workforce Development Agency (LWDA) has issued a second round of proposed changes to its PAGA regulations, further clarifying key procedures and tightening compliance requirements. The latest revisions build on LWDA’s earlier proposal and address PAGA notices, employer cure opportunities, and filing practices.
Notably, LWDA revised its rules for high-frequency and non-compliant filers. Under the modified proposal, a high-frequency filer would include an attorney who files 100 or more PAGA notices, or a law firm that files 200 or more notices, within the prior 12 months. These filers would face additional disclosure and certification requirements. The proposal also replaces the term “vexatious filer” with “non-compliant filer” and preserves LWDA’s ability to require prefiling screening for individuals who repeatedly submit deficient notices after receiving an Agency warning.
The revised regulations also add detail to the administrative cure process for employers with fewer than 100 employees. Eligible employers would have 33 days after receiving a PAGA notice to submit a confidential cure proposal to LWDA. The proposal explains how employee count is determined and confirms that cure proposals are confidential settlement communications that generally may not be treated as admissions of liability.
These updates build on the 2024 PAGA reforms and the regulations LWDA initially proposed earlier this year. As discussed, here, the proposed regulations could give employers clearer information at the start of a claim, more meaningful cure opportunities, and stronger safeguards against boilerplate or abusive PAGA filings.
What Does it Mean?
The proposed regulations are not yet in effect. LWDA is accepting comments on the latest modifications through August 18, 2026.
Comments may be submitted by email to Danielle West, Rulemaking and Program Analyst, at [email protected]. Written comments also may be submitted by mail to Danielle West, Rulemaking and Program Analyst, Labor and Workforce Development Agency, 1416 Ninth Street (MIC-55), Sacramento, CA 95814.
Western Growers will continue to monitor the rulemaking process and update members as developments occur.
