California’s Labor and Workforce Development Agency (LWDA) has issued proposed regulations aimed at clarifying and tightening key parts of the Private Attorneys General Act (PAGA). The proposal follows the 2024 reforms to PAGA and is designed to curb abusive litigation practices LWDA believes undermine the purpose of the notice-and-review process. 

The comment period is open through March 23, 2026, and LWDA has indicated the regulations would apply to existing cases once adopted. 

Why this matters 

PAGA allows an “aggrieved employee” to pursue civil penalties for alleged Labor Code violations in a representative capacity. Penalties are generally split between the state and affected employees (65% to LWDA, 35% to employees). Because PAGA claims often move quickly from notice to litigation, even modest changes to notice requirements, cure opportunities, and settlement oversight can significantly affect strategy and cost on both sides. 

1) A push to curb boilerplate LWDA notices 

Before a PAGA lawsuit can be filed, a claimant must submit a notice to LWDA describing the alleged Labor Code violations and the facts and theories supporting them. LWDA’s proposal is squarely aimed at mass-produced notices that are vague, generic, or not tailored to the claimant’s actual circumstances. 

LWDA is also proposing new attention on repeat filers: 

• A “high-frequency filer” category for attorneys or firms filing more than 200 PAGA notices in a 12-month period, with extra certification and cover-letter requirements. 

• A “vexatious filer” category for those repeatedly submitting noncompliant notices, which could trigger a pre-filing screening process. 

Bottom line: these changes would make it harder to initiate a PAGA case based on broad, non-specific allegations, and may give employers clearer early information about what is being claimed. 

2) More guidance on the cure process for employers with fewer than 100 employees 

The 2024 PAGA reforms created a “cure” option for employers with fewer than 100 employees, but left a lot of the practical mechanics unclear. LWDA’s proposed regulations aim to spell out who qualifies and how the cure process would work, and they also make clear that cure-related communications are intended to be protected under Evidence Code section 1152. 

3) Greater oversight of settlements, and fewer “global” resolutions 

LWDA’s proposal also tightens oversight of PAGA settlements, aimed at addressing a concern that settlement submissions are sometimes missing or lack enough detail for meaningful review. If adopted, the rules would make it harder to expand a case after a deal is reached and would add more notice and review steps. 

FixPAGA Coalition Applauds New PAGA Regulations 

The FixPAGA Coalition, which includes Western Growers, endorsed the rulemaking, publicly welcoming LWDA’s focus on curbing abusive filing practices and bringing more rigor to the notice process. The coalition has also emphasized the value of mechanisms that discourage repeat noncompliance and improve transparency, including new categories aimed at high-volume and repeatedly noncompliant filers. From an employer perspective, the coalition’s message is straightforward: clearer rules and stronger gatekeeping up front can reduce gamesmanship and help legitimate claims get addressed faster and more fairly.