Michelle Seifert, Esq.

📢 MS&A’s Employment Law team is highlighting a valuable resource from the California Labor & Workforce Development Agency: the Private Attorneys General Act (PAGA) Frequently Asked Questions page. This FAQ provides clear guidance on employee notices, employer obligations, and compliance under PAGA — an important law for all California employers to understand. ➡️ Access the FAQ here: https://msa.news/492aMjw Have questions about PAGA or other employment law matters? Contact MS&A’s Employment Law team: https://msa.news/47u7jcf #EmploymentLaw #CaliforniaEmployers #PAGA

𝗨𝗻𝗱𝗲𝗿𝘀𝘁𝗮𝗻𝗱𝗶𝗻𝗴 𝘁𝗵𝗲 “𝗣𝗔𝗚𝗔 𝗖𝘂𝗿𝗲”: 𝗔 𝗟𝗶𝗺𝗶𝘁𝗲𝗱 𝗟𝗶𝗳𝗲𝗹𝗶𝗻𝗲 𝗳𝗼𝗿 𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿𝘀 𝗙𝗮𝗰𝗶𝗻𝗴 𝗪𝗮𝗴𝗲 𝗦𝘁𝗮𝘁𝗲𝗺𝗲𝗻𝘁 𝗩𝗶𝗼𝗹𝗮𝘁𝗶𝗼𝗻𝘀 In the context of California employment law, “PAGA cure” refers to the employer’s opportunity to correct (or “cure”) certain Labor Code violations after receiving notice under the Private Attorneys General Act (PAGA). 𝗛𝗲𝗿𝗲’𝘀 𝗵𝗼𝘄 𝗶𝘁 𝘄𝗼𝗿𝗸𝘀: Under Labor Code § 2699.3(c), when an employee notifies the employer and the California Labor and Workforce Development Agency (LWDA) of alleged technical violations under Labor Code § 226(a) (which governs wage statements), the employer may have 33 calendar days to "cure" the violation. 𝗪𝗵𝗮𝘁 𝗰𝗮𝗻 𝗯𝗲 𝗰𝘂𝗿𝗲𝗱 𝘂𝗻𝗱𝗲𝗿 𝗣𝗔𝗚𝗔? Only some specific violations are eligible for cure. 𝗙𝗼𝗿 𝗲𝘅𝗮𝗺𝗽𝗹𝗲: Wage statement errors under § 226(a), such as: - Missing employer name or address - Inaccurate pay period dates - Missing hours worked (for non-exempt employees) To cure, the employer typically must: - Fix the issue on future wage statements, and - Provide corrected wage statements to affected employees for the past 3 years 𝗪𝗵𝗮𝘁 𝗰𝗮𝗻𝗻𝗼𝘁 𝗯𝗲 𝗰𝘂𝗿𝗲𝗱? Most Labor Code violations (e.g., meal/rest break violations, failure to pay wages, misclassification) are not curable. The right to cure only applies to certain technical violations and under specific procedural rules. 𝗪𝗵𝘆 𝗶𝘁 𝗺𝗮𝘁𝘁𝗲𝗿𝘀: If the violation is not cured properly and timely, the employee (or their attorney) may proceed with a PAGA lawsuit, seeking civil penalties on behalf of the state — often resulting in significant liability for the employer. 𝗕𝗼𝘁𝘁𝗼𝗺 𝗹𝗶𝗻𝗲: A “PAGA cure” is a narrow opportunity for employers to fix certain types of wage statement errors to avoid litigation, but it does not apply broadly. Most PAGA claims proceed to litigation without a cure option. 𝗗𝗶𝘀𝗰𝗹𝗮𝗶𝗺𝗲𝗿: This content is for educational purposes only and does not constitute legal, tax, or accounting advice. No professional relationship is created by your use of it. Consult a licensed attorney or tax advisor for guidance specific to your situation. This content is provided “as is” with no warranties and may not reflect the latest legal developments. You are solely responsible for complying with all applicable laws. We disclaim all liability for any actions taken based on this content.