PAGA: small employer (<100 employees) confidential cure proposal to LWDA, 33 days

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

Rule text

(A) Within 33 days of receipt of the notice sent by the aggrieved employee or representative, an employer that employed fewer than 100 employees in total during the period covered by the notice may submit to the agency a confidential proposal to cure one or more of the alleged violations. The employer shall specify which of the alleged violations it proposes to cure.

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

Calculate this deadline

Deadline
Wednesday, December 9, 2026
  1. Trigger (Date the employer received 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
Cal. Lab. Code 2699.3(c)(2)(A)
(A) Within 33 days of receipt of the notice sent by the aggrieved employee or representative, an employer that employed fewer than 100 employees in total during the period covered by the notice may submit to the agency a confidential proposal to cure one or more of the alleged violations. The employer shall specify which of the alleged violations it proposes to cure.
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
  • Runs from RECEIPT (contrast the 226 cure, which runs from postmark). Applies to violations under 2699.3(c) (provisions other than those listed in 2699.5 and other than Division 5); confirm whether the alleged violations fall under (a) or (c). One cure per 12 months for the same provisions ((d)). Follow-on agency steps (not modeled): LWDA may set a conference within 14 days after receipt of the proposal, held no more than 30 days thereafter; LWDA verifies cure within 20 days of the employer's notification; hearing within 30 days of a preliminary cure determination if requested; order no more than 20 days after the hearing. Statute of limitations remains tolled while the review procedure runs past 65 days ((c)(2)(C)). SB 92 digest: small-employer cure proposal available 'on or after October 1, 2024'; the interim version (June 19 to Sept. 30, 2024) instead had a general 33-day cure (paga_interim2024_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.
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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 the employer received the employee's PAGA notice on Monday, March 15, 2027, personal service: due Monday, April 19, 2027.

  1. Trigger (Date the employer received 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

Runs from RECEIPT (contrast the 226 cure, which runs from postmark). Applies to violations under 2699.3(c) (provisions other than those listed in 2699.5 and other than Division 5); confirm whether the alleged violations fall under (a) or (c). One cure per 12 months for the same provisions ((d)). Follow-on agency steps (not modeled): LWDA may set a conference within 14 days after receipt of the proposal, held no more than 30 days thereafter; LWDA verifies cure within 20 days of the employer's notification; hearing within 30 days of a preliminary cure determination if requested; order no more than 20 days after the hearing. Statute of limitations remains tolled while the review procedure runs past 65 days ((c)(2)(C)). SB 92 digest: small-employer cure proposal available 'on or after October 1, 2024'; the interim version (June 19 to Sept. 30, 2024) instead had a general 33-day cure (paga_interim2024_employer_cure_33_days).

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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.