PAGA Penalty Estimator
Rough exposure estimate under California's Private Attorneys General Act, updated for the 2024 reform's reasonable-steps discount and 65/35 split.
PAGA penalties default to $100 per aggrieved employee per pay period for an initial violation, and $200 for a subsequent one. The 2024 reform caps that exposure at 15%-30% of the calculated maximum for employers who took reasonable compliance steps, and employers under 100 employees get an additional cure process that can eliminate penalties for violations fixed within the statutory window. This is a rough order-of-magnitude estimate, not a legal opinion.
Enter the basic facts of a potential claim below to see an exposure range under both the standard formula and the reduced-penalty scenarios.
PAGA Penalty Estimator
Estimated PAGA Exposure
State Share (65%)
Employee Share (35%)
How this is calculated
Base exposure = number of aggrieved employees × number of pay periods at issue × the per-employee, per-pay-period rate ($100 for an initial violation, $200 for a subsequent one).
The 2024 reform caps
Under the 2024 reform, if the employer took "all reasonable steps" toward compliance before receiving a PAGA notice, exposure is capped at 15% of that calculated amount; if the steps were completed within the statutory cure window after a notice, the cap is 30%.
The small-employer cure option
Employers with fewer than 100 employees have another option. They can submit a cure proposal to the LWDA within 33 days of the notice and have up to 65 days to complete it. If the cure is approved and completed, penalties for those violations can be eliminated, not only reduced.
How penalties are split
The remaining penalty is split 65% to the state's Labor and Workforce Development Agency and 35% to the aggrieved employees. This tool cannot account for facts such as willfulness findings, several violation types in one case, or a court's discretion to adjust penalties. Use the result to prepare for a conversation with an employment attorney, and don't rely on it as a final number.
Frequently Asked Questions
How much is a PAGA penalty per employee?
The default civil penalty is $100 per aggrieved employee per pay period for an initial violation, and $200 per employee per pay period for a subsequent violation (generally, one occurring after a court or the Labor Commissioner already found the same practice unlawful within the prior 5 years, or where the employer acted maliciously, fraudulently, or oppressively).
Did the 2024 PAGA reform lower penalties?
Yes, for employers who took "all reasonable steps" toward compliance. Penalties are capped at 15% of the calculated maximum if those steps were taken before receiving a PAGA notice, or 30% if completed within the statutory cure window after a notice. Employers with fewer than 100 employees also have a cure process that can eliminate penalties for cured violations.
How is a PAGA settlement split between the state and employees?
Under the 2024 reform, 65% of PAGA penalties go to the state's Labor and Workforce Development Agency (LWDA) and 35% go to the aggrieved employees, split proportionally. This is a shift from the pre-reform 75%/25% split.
What is the small-employer PAGA cure process?
Employers with fewer than 100 employees can submit a confidential cure proposal to the LWDA within 33 days of a PAGA notice. The LWDA may hold a conference to evaluate it. If the cure is approved and completed, generally within 65 days of the notice, penalties for the cured violations can be avoided.
Is this PAGA calculator legal advice?
No. PAGA exposure depends on the violation type, willfulness, prior findings and other facts a calculator cannot capture. This tool gives a rough order-of-magnitude estimate. Consult an employment attorney before making any decision based on it.
This is not legal advice. PAGA penalties depend on the facts of each case and on court discretion. This tool provides a rough exposure estimate for general education only and is not affiliated with the California LWDA. Consult a licensed California employment attorney before relying on any figure from this calculator.