The PAGA Review
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SB 92§ 2699.3(f)

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.

Selected statutory text and related analysis. References checked against the published Labor Code on October 18, 2026.

Statutory Text

§ 2699.3(f)
Notwithstanding any other law, an employer not covered by subparagraph (A) of paragraph (2) of subdivision (c), upon being served with a summons and complaint asserting a claim under subdivision (a) or (f) of Section 2699, may file a request for an early evaluation conference in the proceedings of the claim and a request for a stay of court proceedings prior to or simultaneous with that defendant’s responsive pleading or other initial appearance in the action that includes the claim.

Lab. Code, § 2699.3(f)(1)(A) — full official text

Analyses

Practice Alert
LWDA’s First PAGA Regulations Proposal: The March 2026 Analysis

The LWDA published the first-ever formal PAGA regulations on February 6, 2026. The proposed rules add 33 new sections to the California Code of Regulations covering cure procedures, notice requirements, settlement oversight, and vexatious filer designations. The original comment period closed March 23, 2026; this article includes an October 18 status note.

March 9, 2026

Strategic Landscape

With 1 analysis published on this provision, the interpretive landscape is beginning to take shape. Check individual analyses above for detailed strategic implications.