Reform Provisions
The six provisions enacted by AB 2288 and SB 92, tracked as California courts interpret and apply them.
Cure & Right to Correct
Cure requires correction, compliance, and making affected employees whole. Administrative cure and judicial early evaluation have different eligibility rules and deadlines; penalty consequences depend on the applicable cure pathway and reasonable-steps provisions.
The Cure Mechanism Under § 2699.3(c)(2): A Defense Reference →LWDA’s First PAGA Regulations Proposal: The March 2026 Analysis →The Penalty Architecture: A Defense Map to the Reformed § 2699 →Manageability
Courts may limit trial evidence or the scope of claims so they can be effectively tried, and may consolidate or coordinate overlapping PAGA actions. The statute does not impose class-certification prerequisites.
Manageability as the New Contested Terrain: A Defense Framework for § 2699(p) →Penalty Reduction
The reform combines specified reduced penalties, 15% and 30% reasonable-steps limits, cure consequences, limits on derivative penalties, and a weekly-pay adjustment, subject to statutory exceptions and judicial discretion.
The Penalty Architecture: A Defense Map to the Reformed § 2699 →Early Evaluation Conference
A defendant may request judicial early evaluation and a stay before or with its responsive pleading or initial appearance. The process addresses disputed violations, cure, and settlement; the statute also provides access for smaller employers on terms the court makes available.
LWDA’s First PAGA Regulations Proposal: The March 2026 Analysis →Standing
The general definition requires the named employee to have personally suffered each alleged violation within the applicable limitations period. A specified exception preserves broader standing for employees represented by qualifying nonprofit legal aid counsel.
The Standing Overhaul: How AB 2288 Ended the Omnibus PAGA Complaint →LWDA’s First PAGA Regulations Proposal: The March 2026 Analysis →Injunctive Relief
The amended statute authorizes injunctive relief in PAGA civil actions and permits courts to exercise the agency’s discretion subject to the same limitations and conditions.