PAGA: employer cure of Lab. Code 226 (wage statement) violation, 33 calendar days from notice postmark
33 days after postmark date of the employee's paga notice, under Cal. Lab. Code 2699.3(c)(3)(A).
Rule text
(A) The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice sent by the aggrieved employee or representative. The employer shall give written notice within that period of time by certified mail to the aggrieved employee or representative and by online filing with the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699.
Calculate this deadline
Deadline
Wednesday, December 9, 2026
- Trigger (Postmark date of the employee's PAGA notice): Friday, November 6, 2026.
- Exclude the trigger day and count 33 calendar days: Wednesday, December 9, 2026.
Rules applied
Cal. Lab. Code 2699.3(c)(3)(A)
(A) The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice sent by the aggrieved employee or representative. The employer shall give written notice within that period of time by certified mail to the aggrieved employee or representative and by online filing with the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Applies only if the ONLY violation the employer seeks to cure is Lab. Code 226. If the employee disputes the cure, LWDA reviews within 17 calendar days of receipt of the dispute notice and may grant 3 additional business days (not modeled). 226-only cure in current (c)(3). Before June 19, 2024 every (c) violation had a 33-day cure from postmark (paga_pre2024_employer_cure_33_days).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Postmark date of the employee's PAGA notice on Monday, March 15, 2027, personal service: due Monday, April 19, 2027.
- Trigger (Postmark date of the employee's PAGA notice): Monday, March 15, 2027.
- Exclude the trigger day and count 33 calendar days: Saturday, April 17, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, April 19, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Notes
Applies only if the ONLY violation the employer seeks to cure is Lab. Code 226. If the employee disputes the cure, LWDA reviews within 17 calendar days of receipt of the dispute notice and may grant 3 additional business days (not modeled). 226-only cure in current (c)(3). Before June 19, 2024 every (c) violation had a 33-day cure from postmark (paga_pre2024_employer_cure_33_days).
Related deadlines
- FEHA employment complaint: file with the Civil Rights Department (3 years) (36 months after)
- FEHA complaint: extension to 1 year after the aggrieved person turns 18 (12 months after)
- FEHA civil action: file within 1 year of the CRD right-to-sue notice (12 months after)
- CRD 150-day mark: right-to-sue notice available on request if CRD has not sued (150 days after)
- CRD must issue right-to-sue notice no later than 1 year after complaint (12 months after)
- CRD's own civil action (individual complaint): within 1 year after complaint filed (12 months after)
- CRD's own civil action on group/class or Ralph Act complaint: within 2 years (24 months after)
- EEOC charge (Title VII): 300 days in a deferral state such as California (300 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.