PAGA Reform Decision Tree

The decision tree maps the procedural posture of the matter (pre-notice, within 33-day cure window, within 60-day remediation window, post-65-day LWDA period, or in active litigation) to the available defense mechanisms under the 2024 reforms. Each terminal node provides specific statutory citations, documentation requirements, and strategic recommendations. Two branch points carry statutory precision that is easy to lose: cure eligibility under § 2699.3(c) is limited to employers that had fewer than 100 employees during the period covered by the notice, and the two 33-day clocks run from different events — the window to submit a cure proposal runs from receipt of the notice under § 2699.3(c)(2)(A), while the separate § 226-only cure track — open to an employer of any size — runs 33 calendar days from the postmark of the notice sent by the aggrieved employee or representative under § 2699.3(c)(3)(A). Every postmark in § 2699.3 is the employee's notice; no agency determination starts a 33-day clock(A). The routing is deliberately limited to posture. It does not assess the merits of the underlying allegations, quantify exposure, or weigh the cost of a path against its benefit — the first is a matter for the file, the second belongs to the Penalty Estimator, and the third is a judgment the tool has no basis to make. Terminal nodes identify the mechanisms that remain available, not the one an employer should choose.