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%.
Get the Full Free Checklist
Enter your email to unlock the complete template, all checklist items, and the downloadable version — free.