California LWDA Issues Guidance on Filing PAGA Notice Under 2024 Laws

California employees now have clearer instructions on how to start a Private Attorneys General Act (PAGA) claim after the Labor and Workforce Development Agency (LWDA) and Department of Industrial Relations updated procedural guidance following the 2024 legislative overhaul under AB 2288 and SB 92. The agency guidance explains what must be in a PAGA notice, how to submit it, fee and waiver rules, and how the agency will handle review and public records.

PAGA, enacted in 2004, lets private employees enforce many state labor laws and seek civil penalties. The updated rules require that all PAGA filings be submitted online through the Department of Industrial Relations’ PAGA Filing Portal. “All PAGA documents must be filed online through Department of Industrial Relations’ PAGA Filing Portal.” Filers receive an immediate confirmation email: “Filers will receive a confirmation email – sent to the email address provided on the intake form – immediately following successful submission of an item.”

Employees must still meet statutory requirements before filing. “When you go to file a PAGA claim, you must first ensure you meet the state requirements outlined in California Labor Code Sections 2698 through 2699.5.” The initial notice must identify the employer, name the Labor Code sections alleged to have been violated and “include sufficient facts and legal theories to support each alleged violation.” The notice is filed online and “must also be served on the employer(s) via certified mail.” Employers unfamiliar with PAGA often miss these notices because they “are in the form of a letter directed to the LWDA,” so businesses should train those who receive mail to spot them.

The portal is for filing, not service. “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.” The guidance reiterates that portal submission “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.”

A $75 filing fee is required at submission for new notices and for employer responses such as an Employer Cure Notice or Proposal; “Filing fees must be paid online via Mastercard or Visa.” Parties unable to pay can submit Judicial Council Court Form FW-001 to request a fee waiver and should include it with their filing. Notices and associated records are public records and “subject to disclosure to any member of the public,” with limited confidentiality exceptions such as fee waiver requests. Public Records Act and cure-process inquiries can be sent to PAGAinfo@dir.ca.gov and PAGACure@labor.ca.gov. The Department of Industrial Relations — Accounting Unit is located at 455 Golden Gate Avenue, 10th Floor, San Francisco, CA 94102 for administrative matters.

The LWDA will decide whether to investigate or allow the employee to proceed in court: “Once notice is filed with the LWDA, the agency decides whether it will investigate the employee’s claims or allow the employee to proceed with a lawsuit.” Typically, if the agency does not act, it “simply do[es] not respond,” and if no action occurs after the 65-day period the employee may file a private lawsuit.

For Trader Joe’s crew members and managers, the guidance tightens the practical steps for enforcing or responding to wage-and-hour claims. Workers who believe they have violations should prepare detailed notices, file through the portal, pay or request a fee waiver and serve employers by certified mail. Store managers and corporate compliance teams should train mailroom staff, monitor the portal for employer response obligations and consult counsel early, because “Following these steps is crucial for a successful PAGA claim.” As agencies report increased investigative activity since the June 2024 overhaul, both employees and employers should treat PAGA notices as high-priority business and legal matters.