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AB 2288§ 2699(c)

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

§ 2699(c)
(1) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and personally suffered each of the violations alleged during the period prescribed under Section 340 of the Code of Civil Procedure, except that for purposes of actions brought pursuant to paragraph (2), “aggrieved employee” means any person who was employed by the alleged violator against whom one or more of the alleged violations was committed within the period prescribed under Section 340 of the Code of Civil Procedure. (2) Notwithstanding paragraph (1), a nonprofit legal aid organization that has obtained Section 501(c)(3) tax-exempt status, is a qualified legal services project or qualified support center, as defined in Section 6213 of the Business and Professions Code, and has served as counsel of record in civil actions under this part for at least five years prior to January 1, 2025, may file a civil action pursuant to this part as counsel of record for an aggrieved employee on behalf of the employee and one or more current or former employees against whom one or more of the alleged violations was committed. Nothing in this provision establishes standing for the nonprofit legal aid organization as a party in the civil action.

Lab. Code, § 2699(c)(1)–(2) — full official text

Analyses

Statutory Deep Dive
The Standing Overhaul: How AB 2288 Ended the Omnibus PAGA Complaint

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.

March 10, 2026
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 2 analyses published on this provision, the interpretive landscape is beginning to take shape. Check individual analyses above for detailed strategic implications.