PAGA lawsuit: earliest filing day (day 66 after the LWDA notice postmark, if LWDA does not act)
66 days after postmark date of the paga notice (online filing with lwda and certified mail to employer), under Cal. Lab. Code 2699.3(a)(2)(A), (c)(1)(D).
Rule text
(A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 60 calendar days of the postmark date of the notice received pursuant to paragraph (1). Upon receipt of that notice or if no notice is provided within 65 calendar days of the postmark date of the notice given pursuant to paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699.
Calculate this deadline
- Trigger (Postmark date of the PAGA notice (online filing with LWDA and certified mail to employer)): Friday, November 6, 2026.
- Exclude the trigger day and count 66 calendar days: Monday, January 11, 2027.
Cal. Lab. Code 2699.3(a)(2)(A), (c)(1)(D)
(A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 60 calendar days of the postmark date of the notice received pursuant to paragraph (1). Upon receipt of that notice or if no notice is provided within 65 calendar days of the postmark date of the notice given pursuant to paragraph (1), the aggrieved 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
- Earliest safe filing day is day 66 (independent review). Earliest-filing date, so roll 'none' (a weekend 65th day does not make filing earlier). Current numbers verified: 60 days (LWDA notice) / 65 days (wait). Same 65-day rule for non-2699.5 violations under (c)(1)(D), but for those, an eligible small employer (<100 employees) may submit a cure proposal under (c)(2) and the wait can be extended by LWDA up to 120 calendar days after notice ((c)(2)(B)); Lab. Code 226-only cure under (c)(3) (33 days). If LWDA notifies it WILL investigate (within 65 days), suit waits for its decision plus up to 120 days (paga_lwda_investigation_120_days). Cal/OSHA (Division 5) violations follow a different procedure ((b)), not modeled. Operative date: 2699.3(g) says operative Oct. 1, 2024; Lab. Code 2699(v) separately applies the 2024 amendments to section 2699 to civil actions brought on or after June 19, 2024, except where the PAGA notice was filed before June 19, 2024. $75 filing fee required. Current-text rule. Pre-reform twin: paga_pre2024_earliest_suit_65_days (same numbers).
- 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 PAGA notice (online filing with LWDA and certified mail to employer) on Monday, March 15, 2027, personal service: due Thursday, May 20, 2027.
- Trigger (Postmark date of the PAGA notice (online filing with LWDA and certified mail to employer)): Monday, March 15, 2027.
- Exclude the trigger day and count 66 calendar days: Thursday, May 20, 2027.
Notes
Earliest safe filing day is day 66 (independent review). Earliest-filing date, so roll 'none' (a weekend 65th day does not make filing earlier). Current numbers verified: 60 days (LWDA notice) / 65 days (wait). Same 65-day rule for non-2699.5 violations under (c)(1)(D), but for those, an eligible small employer (<100 employees) may submit a cure proposal under (c)(2) and the wait can be extended by LWDA up to 120 calendar days after notice ((c)(2)(B)); Lab. Code 226-only cure under (c)(3) (33 days). If LWDA notifies it WILL investigate (within 65 days), suit waits for its decision plus up to 120 days (paga_lwda_investigation_120_days). Cal/OSHA (Division 5) violations follow a different procedure ((b)), not modeled. Operative date: 2699.3(g) says operative Oct. 1, 2024; Lab. Code 2699(v) separately applies the 2024 amendments to section 2699 to civil actions brought on or after June 19, 2024, except where the PAGA notice was filed before June 19, 2024. $75 filing fee required. Current-text rule. Pre-reform twin: paga_pre2024_earliest_suit_65_days (same numbers).
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.