Free Checklist Updated March 2026

PAGA Notice Response Checklist

33-Day Action Plan for California Employers — AB 2288 Cure Window

What to do in the first 33 days after receiving a PAGA notice. Step-by-step response checklist with cure window deadlines and documentation requirements.

You Just Received a PAGA Notice — Now What?

A PAGA notice (formally called a 'Notice Under PAGA' or 'LWDA Notice') is sent to the California Labor & Workforce Development Agency (LWDA) and to the employer simultaneously. You have 33 days from the date of mailing to respond — and how you respond matters enormously. AB 2288 (effective 2024) created a formal cure process that can reduce penalties to 15% of the full PAGA amount if you act correctly.

Understanding the 33-Day Window

Day 0: PAGA notice mailed to LWDA and employer simultaneously
Day 33: Deadline to submit a cure notice to the LWDA (if you intend to cure)
Day 33: Employer must notify plaintiff's counsel of intent to cure
Cure period: 60 days after cure notice to implement and document cure
If cure is accepted: PAGA penalties reduce to 15% of total
If LWDA does not respond within 65 days: employee may file suit

What AB 2288 Changed

Before AB 2288, California employers had very limited options after receiving a PAGA notice. The reform created a structured cure process: if an employer submits a cure notice within 33 days AND successfully cures the violations within 60 days AND can demonstrate 'good faith efforts,' the penalty is capped at 15% rather than 100%.

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33-Day Response Checklist (Start Day 1)

Day 1–2: Do NOT panic. Do NOT admit fault in writing or verbally to employees or counsel.
Day 1–2: Retain employment defense counsel immediately — PAGA is complex and this is not a DIY situation.
Day 1–3: Preserve all records. Litigation hold on payroll records, timekeeping data, wage statements for the 3-year lookback period.
Day 1–5: Identify all employees in the alleged affected class (job title, location, dates of employment).
Day 1–5: Pull timekeeping and payroll records for the alleged violation period — look for the patterns cited in the notice.
Day 1–7: Assess whether alleged violations actually occurred (self-audit of the specific claims in the notice).
Day 1–7: Identify whether violations were systemic (policy-based) or individual (manager error) — this affects your cure strategy.
Day 7–14: Draft a cure plan with counsel: what will you fix, how, and by when?
Day 14–20: Implement immediate policy fixes (updated handbook language, manager re-training, system changes).
Day 20–30: Document every corrective action in writing with dates and signatures.
Day 25–32: File Cure Notice with LWDA — must be in writing, must describe violations and cure steps.
Day 25–32: Notify plaintiff's counsel in writing of your intent to cure.
Day 33 DEADLINE: Cure notice must be postmarked or filed by this date.
Post-notice (60-day cure period): Continue implementing and documenting all remedial steps.
Ongoing: Maintain documentation of all cure actions — this is your evidence of 'good faith.'

Documentation You Must Preserve

All timekeeping records for the 3-year PAGA lookback period
Wage statements (pay stubs) for all affected employees — 3 years
Payroll records showing hours worked, OT calculations, meal/rest break premiums
Current and prior versions of your employee handbook
Signed meal break waiver forms (if applicable)
Training records for managers on wage and hour compliance
Any prior PAGA notices or California Labor Commissioner complaints
Written communications about the alleged violations (emails, texts, etc.)
Independent contractor agreements (if misclassification is alleged)
Job descriptions and classification records

Penalty Tiers Under AB 2288

Scenario	Penalty Level
No response / no cure	100% of PAGA penalties ($100–$200/employee/pay period)
Cure notice filed but cure fails or is incomplete	30% of PAGA penalties
Cure notice filed + fully cured + documented good faith	15% of PAGA penalties
Small employer (<100 employees) with documented reasonable steps	15% cap may apply even without formal cure

What NOT to Do After Receiving a PAGA Notice

Do NOT ignore it — PAGA notices are time-sensitive and silence = no cure rights
Do NOT retaliate against the employee who filed — this creates a separate cause of action
Do NOT destroy or alter records — spoliation is a serious legal risk
Do NOT make informal deals or verbal promises to the complaining employee
Do NOT assume the notice is invalid — even flawed notices trigger obligations
Do NOT try to handle this without employment counsel