Before someone can file an action under PAGA (Private Attorneys General Act), they have to file a letter with the LWDA and set forth what they think the employer did wrong. The LWDA has 60-days to review the letter and decide whether to investigate the issues. If the LWDA does not take action (and they rarely, if ever, do), then a PAGA complaint can be filed 65 days after the letter was first submitted to the LWDA.
Under PAGA reform, that PAGA letter triggers a 60-day review period, where employers can audit their practices and take steps to fix issues. If they do so proactively, and retain evidence of the audit and its results, available PAGA penalties can be discounted as much as 70% (or 85% if they audit before getting a PAGA letter). Given that PAGA penalties accumulate per employee at the rate of at least $100 per pay period with a violation, that means taking quick action can save thousands of dollars.
That’s why I am speaking about what to do upon receipt of a PAGA letter at my firm’s upcoming webinar on Employment Class & Collective Actions: Strategies for Defense and Compliance on September 30, 2025. The webinar starts at 9 am PT, and my session will be at 11 am PT.
Other topics covered at the webinar will be:
- Preventing systemic discrimination class actions caused by AI.
- Preparing for the EEOC’s focus on systemic religious discrimination.
Other featured speakers include: Nikki H. Howell, Steven W. Moore, and Renee J. Sheyko.
You may sign up for this webinar here.
Start being proactive today! Sign up and be ready when that LWDA letter hits your inbox.