On February 6, 2026, the California Labor and Workforce Development Agency (LWDA) issued a Notice of Proposed Rulemaking to implement and further address the 2024 amendments to California’s Private Attorneys General Act (PAGA). These proposed regulations represent the next phase of reform and are intended, as the LWDA explains, to “make more transparent and effective the administrative requirements and procedures under PAGA” and to provide “better guidance and clarity to employees and employers concerning their respective rights and obligations.”

The written comment period closed on March 23, 2026, and the LWDA held a public hearing on April 9, 2026. The LWDA is currently reviewing the comments, including written submissions and feedback from the April 9th hearing. While the timing and substance of the final regulations remain uncertain, the LWDA’s stated intent is clear: greater structure, increased oversight and earlier engagement in the PAGA process.

Background: 2024 Reforms and Continued Filing Trends

The 2024 amendments to PAGA introduced several substantive changes, including more stringent standing requirements, limitations on penalties and expanded opportunities for employers to cure certain violations. Those reforms were intended, in part, to address concerns regarding the significant volume of PAGA filings and the costs associated with such litigation.

However, as reflected in the LWDA’s rulemaking materials, the volume of PAGA notices has not meaningfully declined following the 2024 reforms. During fiscal year 2024–2025, the Agency received 8,846 PAGA notices, which the LWDA explained often continued to rely on generalized allegations and limited factual detail.

The LWDA’s data further underscores the extent to which filings remain concentrated among a relatively small number of firms and attorneys. Based on this LWDA data, during that same period, five law firms filed 2,086 PAGA notices—approximately 24% of all filings. The data also noted that several firms submitted hundreds of notices each, with some averaging more than one filing per day. Similarly, a small number of individual attorneys accounted for a significant portion of total filings, including instances where, per the LWDA data, individual attorneys submitted several hundred notices within the same year.

Taken together, these LWDA figures highlight both the volume and concentration of PAGA filings and reflect the LWDA’s view that filing practices have not materially shifted following the 2024 amendments. The proposed regulations from the LWDA are intended to address these issues by introducing more defined procedures, improving the quality of notices and promoting earlier and more effective resolution of claims.

Overview of Key Changes Under the Proposed Regulations

More Detailed and Structured PAGA Notices. As set forth in the proposed regulations, claimants will be required to submit notices through a standardized LWDA form and provide fact‑specific allegations tied to their own employment experience. Proposed Section 17420 also requires the notice to be signed by the claimant or their representative, certifying—after a reasonable inquiry—that the claims are not presented for an improper purpose, are legally supported and have evidentiary support or are likely to have such support after further investigation.

Employers May Utilize a Formal Response Process. Proposed Section 17421 establishes an optional mechanism for employers to submit a response to a PAGA notice within 33 days of receipt.

Cure Process for Employers with Up to 100 Employees. The 2024 PAGA reforms created a pre‑litigation administrative cure process for employers with fewer than 100 employees, allowing them to propose corrective measures before a PAGA lawsuit may proceed. The 2026 proposed regulations formalize this process by defining required filings and placing the LWDA in an active oversight role.

LWDA’s Greater Oversight Over PAGA Settlements. The proposed regulations also limit how PAGA claims may be expanded at the settlement stage. Proposed California Code of Regulations, title 8, section 17420.5(d) provides that a claimant may not amend a PAGA notice to add violations not previously alleged once a settlement has been reached or is underway, reflecting an effort to prevent the inclusion of claims that were not previously examined through the administrative notice process.

High‑Frequency and Vexatious Filers. The proposed regulations also address filing practices, particularly high‑volume filings by law firms.

  • High‑frequency filers are generally defined as attorneys or law firms that have submitted 200 or more PAGA notices within a 12‑month period and are subject to additional certification requirements, including claimant‑signed certifications confirming that the alleged violations were personally suffered and are not asserted for an improper purpose.
  • Vexatious filers are those who repeatedly submit noncompliant or unsupported notices and may be subject to prefiling screening requirements requiring LWDA review and acceptance before future PAGA notices may be deemed filed.
  • The LWDA also will maintain a public list identifying designated high‑frequency and vexatious filers through its online PAGA filing portal.

Comment Period

Comments submitted during the rulemaking process reflect a range of perspectives on the proposed regulations. While many commenters expressed support for increased structure and more detailed notice requirements, others emphasized the need for flexibility—particularly with respect to amending PAGA notices as additional facts are developed through litigation, mediation or settlement discussions.

At the April 9, 2026 public hearing, commenters—including representatives from the employer community—raised related themes, such as whether notice requirements should be further strengthened, the role of flexibility in allowing PAGA notice amendments as cases develop and the broader operational impact of PAGA compliance on businesses. The LWDA noted they have taken these comments under submission.

What Employers Should Do Now

Although the proposed regulations are not yet final, they reflect ongoing regulatory developments affecting the administration of PAGA claims. Awareness of these developments and their potential procedural implications may be relevant for employers in California.

For questions or general information regarding the proposed regulations or related PAGA issues, inquiries may be directed to Squire Patton Boggs (US) LLP, as appropriate.