| Feature | Small Employer (<100) | Large Employer (100+) |
|---|---|---|
| Cure mechanism | Confidential proposal to the LWDA | Early evaluation conference in court |
| Timeline | 33 days from receipt of notice | 21 days to submit cure plan |
| Decision maker | LWDA | Court-appointed neutral evaluator |
| Litigation stay | N/A (administrative) | Yes — mandatory stay during evaluation |
| If cure accepted | Plaintiff cannot proceed | Joint statement submitted as proposed settlement |
| Penalty Type | 25 Employees | 100 Employees | 500 Employees |
|---|---|---|---|
| Base PAGA penalties (1 year) | $65K – $130K | $260K – $520K | $1.3M – $2.6M |
| With premium pay stacking | $200K+ | $800K+ | $4M+ |
| With 15% “reasonable steps” cap | $30K | $120K | $600K |