By: Phillip J. Ebsworth and Kyle W. Owen
Seyfarth Synopsis: On August 3, 2026, the LWDA issued modifications to its proposed PAGA regulations, clarifying several procedures and making some notable substantive changes. The most notable proposed modifications are briefly summarized below.
High-Frequency Filers
The original proposal designated any attorney or law firm that filed 200 or more PAGA notices in a 12-month period as a “high-frequency filer.” The revised rules lower the threshold for individual attorneys to 100 notices, while retaining the 200-notice threshold for law firms.
“Vexatious” Becomes “Non-Compliant”
The proposed “vexatious filer” designation has been replaced with a “non-compliant filer” designation. A filer may now be deemed non-compliant if they submit three or more deficient, frivolous, or harassing PAGA notices within a 12-month period and continue doing so after receiving a warning from the LWDA.
More Flexibility for Settlements
The original proposed rules barred parties from amending PAGA notices to add new Labor Code violations as part of a settlement. The revised regulations allow additional claims to be settled if the amended notice includes supporting facts and explains the investigation or discovery that uncovered those claims. The applicable 65- or 120-day waiting periods must still be satisfied.
New Responsibilities for Employers
While plaintiffs remain responsible for notifying overlapping PAGA plaintiffs about a proposed settlement, employers must now verify the list of other pending PAGA actions against them.
Existing Cases Included
The LWDA clarified that the new regulations will apply to pending PAGA cases, not just those filed after the rules take effect. Parties with existing cases should ensure their settlement comply with the new requirements.
The LWDA’s revisions reflect a continued effort to balance efficiency, fairness, and oversight in PAGA litigation. While some changes clarify procedural requirements, others, such as the revised high-frequency filer thresholds and expanded settlement flexibility, could have significant practical implications for PAGA litigants. With the comment period open through August 18, 2026, interested stakeholders still have an opportunity to weigh in before the regulations are finalized.