PAGA (notice filed before June 19, 2024): any employer may cure non-2699.5, non-Division 5 violations within 33 calendar days of notice postmark

33 days after postmark date of the employee's paga notice, under Former Cal. Lab. Code 2699.3(c)(2)(A).

Rule text

(2) (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.

Former Cal. Lab. Code 2699.3(c)(2)(A), official source

Calculate this deadline

Deadline
Wednesday, December 9, 2026
  1. Trigger (Postmark date of the employee's PAGA notice): Friday, November 6, 2026.
  2. Exclude the trigger day and count 33 calendar days: Wednesday, December 9, 2026.
Rules applied
Former Cal. Lab. Code 2699.3(c)(2)(A)
(2) (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
  • The rule text used here is in force only through 2024-06-18. A different version applies to later events; check for the replacement rule in this list.
  • PRE-REFORM VERSION. Use when the PAGA notice to LWDA was filed BEFORE June 19, 2024 (Lab. Code 2699(v)(2) and former 2699.3(g)(2) as amended by SB 92 sec. 1: the 2024 amendments 'shall not apply to a civil action with respect to which the notice ... was filed before June 19, 2024'). Source text: Lab. Code 2699.3 as added by Stats. 2016, ch. 31 (SB 836), sec. 191, operative July 1, 2021, quoted from the chaptered bill. No amendment between 2016 and the 2024 reform (SB 92, Stats. 2024, ch. 45 / AB 2288, ch. 44) was found, but intervening history was not independently confirmed; counsel should verify. Pre-reform cure right was available to ALL employers (no 100-employee limit) for violations under (c). Limits: no more than three times in 12 months for the same violations; once in 12 months for 226(a)(6) or (8) ((c)(2)(B)).
  • 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.

  1. Trigger (Postmark date of the employee's PAGA notice): Monday, March 15, 2027.
  2. Exclude the trigger day and count 33 calendar days: Saturday, April 17, 2027.
  3. 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

PRE-REFORM VERSION. Use when the PAGA notice to LWDA was filed BEFORE June 19, 2024 (Lab. Code 2699(v)(2) and former 2699.3(g)(2) as amended by SB 92 sec. 1: the 2024 amendments 'shall not apply to a civil action with respect to which the notice ... was filed before June 19, 2024'). Source text: Lab. Code 2699.3 as added by Stats. 2016, ch. 31 (SB 836), sec. 191, operative July 1, 2021, quoted from the chaptered bill. No amendment between 2016 and the 2024 reform (SB 92, Stats. 2024, ch. 45 / AB 2288, ch. 44) was found, but intervening history was not independently confirmed; counsel should verify. Pre-reform cure right was available to ALL employers (no 100-employee limit) for violations under (c). Limits: no more than three times in 12 months for the same violations; once in 12 months for 226(a)(6) or (8) ((c)(2)(B)).

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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.