Wage Law

This year, we've seen some interesting law and motion disputes over amending pleadings to include PAGA claims, and the timing that affects those pleadings and amendments. Once you give your PAGA notice to the Labor & Workforce Development Agency, Labor Code § 2699.3(a)(2)(A) gives the agency 33 days to decide whether to investigate. If they timely inform an employee that they are going to investigate, they have 120 days to do so. Labor Code § 2699.3(a)(2)(B). If they do nothing by the expiration of 158 days from your letter, you can amend your complaint. Labor Code § 2699.3(a)(2)(B). The amendment is as a matter of right if within 60 days of the date you obtained the right to proceed. Labor Code § 2699.3(a)(2)(C) ["Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part." (emphasis added)].