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.
Selected statutory text and related analysis. References checked against the published Labor Code on October 18, 2026.
Statutory Text
Analyses
AB 2288 rewrites PAGA standing from the ground up. The reformed § 2699(c) requires named plaintiffs to have 'personally suffered each of the violations alleged' — language drafted to supersede Huff and eliminate representative claims for violations the plaintiff never experienced. This analysis traces the statutory text, the legislative history confirming the override, and the defense opportunities the new framework creates.
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.
Strategic Landscape
With 2 analyses published on this provision, the interpretive landscape is beginning to take shape. Check individual analyses above for detailed strategic implications.