Under California's Private Attorneys General Act (PAGA), penalties for employment law violations can be significant. However, the law recognizes that employers who make good faith efforts to comply may be eligible for reduced penalties.
A "defense of reasonableness" generally refers to an employer's ability to demonstrate that they took reasonable steps to identify and correct compliance issues. This typically involves showing:
SafeReq provides the documented compliance workflow that may support such a defense–but the critical step of taking corrective action remains with your team.
Reasonable compliance efforts typically involve these key elements. SafeReq handles the analysis and documentation–your team handles the action.
Systematically screen job postings against California employment law requirements before publication.
Maintain timestamped records of compliance reviews, findings, and the actions taken.
Review findings and update job postings to address identified concerns before they become problems.
Show that your organization made reasonable efforts to comply with applicable requirements.
California law provides that PAGA penalties may be reduced when an employer demonstrates good faith compliance efforts. While outcomes vary based on specific circumstances, documented compliance workflows have been a factor in penalty determinations.
The potential reduction depends on many factors, including:
Under PAGA, courts may reduce penalties by up to 85% for employers who demonstrate good faith compliance efforts–this is the statutory maximum reduction, not a guarantee. Whether any reduction applies depends on the totality of circumstances in each case.
Upload or paste your job postings into SafeReq before publication. Each submission is timestamped and logged.
SafeReq screens your posting against current California employment law requirements, identifying potential areas of concern with specific citations.
You receive a compliance report with findings, statute references, and suggested alternative language–all timestamped and stored for your records.
This is your responsibility. Review the findings, update your job posting as appropriate, and re-run the analysis to verify. Documentation without action does not demonstrate good faith.
SafeReq is an informational tool, not a law firm. Nothing on this website or in our platform constitutes legal advice. Using SafeReq does not create an attorney-client relationship.
SafeReq does not guarantee compliance, penalty reduction, or any particular legal outcome. Every situation is different, and outcomes depend on specific facts and circumstances that only a qualified attorney can evaluate.
We strongly recommend consulting with a licensed California employment attorney for legal advice regarding your specific situation, compliance obligations, and potential liability.
The corrective action step is critical. Documentation alone does not constitute a good faith compliance effort. Your organization must review findings and take appropriate action to address identified concerns.
Choose a plan and start documenting your compliance process today.