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Paving the Way for California PAGA Reform: AB 2288 and SB 92

At a Glance

  • PAGA plaintiffs will need to have personally experienced the alleged Labor Code violations they are seeking to pursue on a representative basis in order to have standing.
  • Trial courts will have the power to limit both the scope of PAGA claims and the evidence presented at trial to ensure the claims can be effectively and manageably tried.
  • There will be a new penalty structure under PAGA.
  • The new law will allow PAGA plaintiffs to seek injunctive relief for the first time.
  • The new law will allow more Labor Code violations to be cured than previously permitted and will provide for a more robust right-to-cure process for employers wanting early resolution of PAGA claims.
  • The amendments to PAGA will apply to actions brought on or after June 19, 2024 (unless the plaintiff gave notice to the LWDA prior to that date). Further, the early resolution provisions will become operative on October 1, 2024 (except that the 33-day cure deadline available to employers prior to the amendments will remain in place until October 1, 2024.)

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