PAGA: LWDA investigation window, 120 calendar days after its decision to investigate

120 days after date of lwda's decision (certified-mail notice) that it intends to investigate, under Cal. Lab. Code 2699.3(a)(2)(B), (c)(1)(E).

Rule text

(B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 65 calendar days of the postmark date of the notice received pursuant to paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within the time limits prescribed by subparagraph (A) and this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699.

Cal. Lab. Code 2699.3(a)(2)(B), (c)(1)(E), official source

Calculate this deadline

Deadline
Monday, March 8, 2027
  1. Trigger (Date of LWDA's decision (certified-mail notice) that it intends to investigate): Friday, November 6, 2026.
  2. Exclude the trigger day and count 120 calendar days: Saturday, March 6, 2027.
  3. That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, March 6, 2027.
  4. The period includes its last day, so the earliest day to act is the next court day: Monday, March 8, 2027.
Rules applied
Cal. Lab. Code 2699.3(a)(2)(B), (c)(1)(E)
(B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 65 calendar days of the postmark date of the notice received pursuant to paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within the time limits prescribed by subparagraph (A) and this subparagraph or if the agency fails to provide timely or any notification, 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
  • Agency deadline; the employee may sue after this window if no citation issues (or earlier upon a no-citation notice). The statute does not say whether 'no citation is issued within the time limits' includes the 5-business-day notice period; conservative: wait until the 5 business days after day 120 have run or a notice is received. Informational date, roll 'none'. Pre-reform twin: paga_pre2024_lwda_investigation_120_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

Date of LWDA's decision (certified-mail notice) that it intends to investigate on Monday, March 15, 2027, personal service: due Wednesday, July 14, 2027.

  1. Trigger (Date of LWDA's decision (certified-mail notice) that it intends to investigate): Monday, March 15, 2027.
  2. Exclude the trigger day and count 120 calendar days: Tuesday, July 13, 2027.
  3. The period includes its last day, so the earliest day to act is the next court day: Wednesday, July 14, 2027.

Unsettled points

  • The calculator shows day 121 as the first safe day to sue after the 120-day LWDA window.Other reading: If the employee must also wait for the 5-business-day no-citation notice period, the first safe day is about a week later.

Notes

Agency deadline; the employee may sue after this window if no citation issues (or earlier upon a no-citation notice). The statute does not say whether 'no citation is issued within the time limits' includes the 5-business-day notice period; conservative: wait until the 5 business days after day 120 have run or a notice is received. Informational date, roll 'none'. Pre-reform twin: paga_pre2024_lwda_investigation_120_days.

Related deadlines

All California pre-suit, housing and employment deadlines

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.