Notice of Proposed Rulemaking: Labor Code Private Attorneys General Act of 2004 – OAL Notice File Number Z2026-0121-03

 

This proposed regulatory action implements the administrative notice, procedural, and litigation-reporting requirements of the Labor Code Private Attorneys General Act of 2004 (PAGA), codified at Labor Code section 2698 et seq. The proposed rulemaking establishes requirements for filing PAGA notices (notices of alleged Labor Code violations by employers and for which an aggrieved employee seeks to recover civil penalties) with the Agency, provides guidance concerning the investigation and early resolution procedures administered by the Agency, and implements statutory litigation-reporting obligations PAGA plaintiffs owe to the Agency.

The California Labor and Workforce Development Agency provided notice of this proposed rulemaking on February 6, 2026. Notice of this proposed rulemaking also was published in the California Regulatory Notice Register by the Office of Administrative Law that same day. The original public comment period closed March 23. A public hearing was held April 9, during which additional public comment was accepted. Notice of modifications to the proposed rulemaking and of the addition of documents to the rulemaking file was provided on August 3. Any interested person, or the representative of any interested person, may submit written comments relevant to the modifications to the proposed regulatory text or the documents added to the rulemaking file. Comments may be submitted by email to Danielle West, Rulemaking and Program Analyst, at Danielle.West@labor.ca.gov. Written comments also may be submitted by mail to Danielle West, Rulemaking and Program Analyst, Labor and Workforce Development Agency, 1416 Ninth Street (MIC-55), Sacramento, CA 95814. The written comment period closes on August 18, 2026, which is 15 days after notice of the modifications to the proposed regulatory text and of addition of documents to the rulemaking file was published.

Public Notice Materials

Notice of Proposed Regulatory Action – contains information about the proposed regulatory changes and procedural information.

Express Terms of the Proposed Regulatory Text – the text of the proposed regulations.

Initial Statement of Reasons – explains why the proposed regulatory changes are being made.

Public Comments

Public Rulemaking Hearing

Notice of Public Rulemaking Hearing

LWDA PAGA Rulemaking Hearing April 9, 2026

The following written comments were submitted in connection with the hearing held on April 9, 2026:

15-Day Public Notice Materials

Notice of Modifications to Text of Proposed Regulations and of Addition of Documents to the Rulemaking File – contains information about the modifications to the proposed regulatory text.

Addendum to Initial Statement of Reasons in Support of Proposed Regulatory Action – provides further explanation for reasons why certain of the proposed changes are being made.

Modified Proposed Regulatory Text – the text of the proposed regulations.