On August 3, 2026, the California Labor and Workforce Development Agency (LWDA) released modified proposed regulatory text as part of its ongoing rulemaking under the Labor Code Private Attorneys General Act (PAGA). The modifications follow a public comment period that closed on March 23, 2026, and a public hearing held on April 9, 2026, and are now subject to an additional 15-day comment period.
Notable changes to the original proposed regulations include:
- Stricter Rules for Post-Settlement Amendments
The original regulations prohibited claimants from amending a PAGA notice to add new alleged violations after reaching a proposed settlement. The modified text takes a step back from an across-the-board ban; rather than barring post-settlement amendments altogether, the modified text allows post-settlement amendments if the claimant provides the following additional information to the LWDA: (i) a list of the specific Labor Code sections allegedly violated, with an indication of which sections are new; (ii) a statement of specific facts supporting the newly alleged violations; (iii) a statement of the investigation or discovery conducted for each newly asserted violation; (iv) a statement describing the manner in which the claimant personally suffered each newly asserted violation; and (v) a statement describing how the worker-protection purposes of PAGA and the interests of justice are furthered by the amendment.
- “Vexatious Filers” Replaced with “Non-Compliant Filers”
One of the most notable revisions is the renaming of the “vexatious filer” designation to “non-compliant filer” throughout the regulations. The modified text also refines the definition: rather than requiring that an attorney have “repeatedly filed” non-compliant PAGA notices, it sets a specific threshold of three or more non-compliant filings within a 12-month period and requires that the filer have “continued to file non-compliant notices after warning by the Agency.” The designation matters because it subjects the filer to additional scrutiny and procedural consequences under the regulations, making the criteria for imposing it particularly significant.
- Separate Attorney and Law Firm Thresholds for High-Frequency Filers
The original proposed regulations defined a “high-frequency filer” as any attorney or law firm that filed 200 or more PAGA notices in the preceding 12 months. The modified text now creates two separate thresholds: an individual attorney filing 100 or more notices during the same period, or a law firm filing 200 or more notices during the same period. The designation is significant because high-frequency filers are subject to additional requirements and scrutiny under the regulations, so the revised thresholds expand the circumstances in which an individual attorney may be subject to those heightened obligations.
- New Approach to Law Firm Accountability
The original regulations gave the LWDA discretion to extend a prefiling screening order to a non-compliant filer’s entire law firm. The modified text replaces this approach with a cover letter certification requirement: attorneys at firms where one or more colleagues have been designated as non-compliant filers must certify that the designated attorney was not involved in preparing, filing, or handling the matter. Failure to provide the required certification may serve as grounds for a non-compliant filer designation.
The modified regulations include a new provision authorizing the LWDA to provide written notice to claimants of deficiencies in their PAGA notices. The deficiency notice will identify how the notice fails to comply with applicable requirements and give the claimants up to 30 days to amend their PAGA notices. Importantly, the LWDA’s failure to issue such a notice does not constitute an endorsement of the PAGA notice’s sufficiency.
- Enhanced Settlement Submission Requirements
Several new requirements apply to proposed PAGA settlements submitted to the LWDA. These include a properly noticed motion with a memorandum of points and authorities explaining the penalty-valuation methodology, a statement of compliance with litigation-reporting obligations, and a copy of any notice of related cases. Parties must also include a copy of the settlement itself and verify compliance with the regulations’ requirements in court submissions.
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These modifications and additions to the regulations are subject to a 15-day public comment window. Written comments may be submitted by mail or email to the LWDA.
Jackson Lewis will continue to monitor developments and provide updates as the rulemaking process continues.