Do not ignore it. PAGA notices have strict response deadlines. Missing them can eliminate your cure options.
Immediate Steps (First 7–14 Days)
Engage experienced employment counsel immediately. PAGA litigation is specialized — general business attorneys may not be enough.
Issue a litigation hold on all time records, payroll data, schedules, handbooks, training materials, and manager communications.
Determine your employee count during the statute of limitations period to choose the right cure path.
The Cure Path
Small Employer (<100)
Submit a confidential cure proposal to the LWDA within 33 days of receiving the notice.
Large Employer (100+)
Request an early evaluation conference and stay of proceedings. Present cure plan within 21 days.
Concurrent Actions
Conduct an internal audit: Pull time records for all affected employees. Identify scope — how many employees, how many pay periods, total exposure.
Begin corrective action immediately: Even after filing, taking reasonable steps within 60 days of notice can cap penalties at 30%.
Evaluate settlement vs. defense: With average settlements exceeding $575K, early settlement may be more cost-effective — but strong compliance documentation can dramatically reduce exposure.
Challenge standing: Under reformed PAGA, verify the named plaintiff personally experienced each alleged violation.