The PAGA Notice: How to Preserve Your Right to Sue

The Private Attorneys General Act (PAGA) allows workers to sue their employer on behalf of the State of California and other affected employees. To use PAGA, you must first send a written notice to both the employer and the California Labor and Workforce Development Agency (LWDA).

How to Send a PAGA Notice

The notice must describe: each Labor Code violation alleged, the facts supporting each violation, the time period covered, and the number of employees affected. Send it to the LWDA online portal and to the employer by certified mail. The LWDA has 65 days to notify you whether it will investigate. If it declines or doesn’t respond, you can file a civil lawsuit.

The PAGA notice is time-sensitive — send it early. The PAGA notice starts a clock. You cannot file a PAGA lawsuit until after the notice process is complete. Workers who identify PAGA violations should send the notice immediately — it preserves your right to a remedy that can dwarf the individual wage claim, and it puts the employer on notice that this is a serious situation.

The California Wage Theft Recovery System gives workers the exact tools and templates to document violations, calculate what they’re owed, and file the right claims — without paying an attorney to get started. Request your free evaluation here.