The Labor Code Private Attorneys General Act (PAGA) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of the State of California for Labor Code violations. Those who intend to pursue PAGA claims must follow the requirements specified in Labor Code Sections 2698 – 2699.8.
Governor Newsom signed PAGA reform legislation on July 1, 2024 (AB 2288 and SB 92), which made important changes to PAGA requirements and the optional cure process.
PAGA Filings
The following documents must be filed online through Department of Industrial Relations’ PAGA Filing Portal. Unless instructed otherwise, please do not send any original or hard copy documents by mail to the Labor & Workforce Development Agency (LWDA).
-
- All new PAGA Claims Notices (Filing Fee – $75)
- Any Employer Response (Filing Fee – $75)
- Any Employer Cure Notice or Proposal (Filing Fee – $75)
- Employee’s Cure Dispute
- Employee Cure Hearing Request
- Cure Documents
- Filed-stamped copy of the complaint within 10 days of filing a new PAGA lawsuit.
- A copy of a proposed settlement at the same time that it is submitted to the court.
- A copy of the court’s judgment and any other order that awards or denies PAGA penalties within 10 days after entry of judgment or order.
Submitting documents through the PAGA Filing Portal does not constitute service on opposing parties. Please comply with the statutory requirements regarding service of documents on opposing parties.
Any notice or other document required to be filed with the Division of Occupational Safety and Health (Cal/OSHA) pursuant to subdivision (b) of Labor Code Section 2699.3 must be submitted through the PAGA Filing Portal.
Filers will receive a confirmation email – sent to the email address provided on the intake form – immediately following successful submission of an item.
Filing Fees
A filing fee of $75 is required at the time of submission for a new PAGA claim notice and any employer response (including the Employer Cure Notice or Proposal) to a new PAGA claim notice.
Filing fees must be paid online via Mastercard or Visa.
Note: Parties claiming in forma pauperis status should fill out a Confidential Request to Waive Court Fees (Judicial Council Court Form FW-001) or similar form and submit it online with the submission.
Service on LWDA
Submitting documents through the PAGA Filing Portal as required by Labor Code §§ 2699 and 2699.3 does not constitute service of process. If you are required to serve specific court filings on LWDA, please contact PAGAinfo@dir.ca.gov to facilitate service.
Penalty Payments
PAGA penalties to the State must be paid by check, made out to the Labor and Workforce Development Agency, and sent by mail to the address indicated below. Please include the LWDA Case Number on the check. The check for penalty payments must be accompanied either by a copy of the order or judgment awarding the penalties or by other documentation identifying the court case and parties to which the payment applies.
Department of Industrial Relations
Accounting Unit
455 Golden Gate Avenue, 10th Floor
San Francisco, CA 94102
Public Records
PAGA notices received by LWDA are public records and subject to disclosure to any member of the public, with the exception of specific items (such as fee waiver requests) that the law requires to be kept confidential. Past records are also subject to being destroyed, in accordance with agency policies, after the passage of time or when no longer relevant to a pending matter.
Public Records Act requests for PAGA notices and related records can be submitted to PAGAinfo@dir.ca.gov.
Public Records Act requests relating to the cure process can be submitted to PAGACure@labor.ca.gov.
PAGA questions can be sent to PAGAinfo@dir.ca.gov, except questions about the PAGA cure process, which can be sent to PAGACure@labor.ca.gov.