The Private Attorneys General Act (PAGA) allows any employee to file a lawsuit on behalf of the State of California for Labor Code violations – including job posting deficiencies like missing pay ranges (SB 1162) and illegal repayment provisions (AB 692). While PAGA covers all Labor Code violations, job postings are an increasingly common trigger. Filing volume has nearly tripled in under a decade, even after 2024 reform legislation.
| Year | PAGA Notices Filed |
|---|---|
| 2016 | ~3,700 |
| 2018 | 5,732 |
| 2021 | 6,502 |
| 2022 | 5,817 |
| 2023 | 7,780 |
| 2024 | 9,464 |
| 2025 | 10,098 |
| 2026 | 1,756* |
Source: California Labor & Workforce Development Agency (LWDA) public filings data; Duane Morris Class Action Review 2024 & 2025; Ogletree Deakins analysis. *2026 figure from LWDA PAGA Case Search portal as of March 6, 2026. Annualized pace is a projection based on current filing rate.
Average total settlement in PAGA cases resolved through the court system.
Source: Duane Morris Class Action Review
PAGA filings nearly tripled from ~3,700 to over 10,000 in under a decade – even after reform legislation.
Source: LWDA public filings data
Penalties multiply by headcount, pay periods, and number of postings. See what non-compliance could cost your company.
Risk Calculator →PAGA litigation is no longer driven by individual aggrieved employees. A small number of plaintiffs' firms file notices at industrial scale using boilerplate allegations – and your job postings are easy targets.
A single plaintiffs' attorney filed 597 PAGA notices in one year. Three firms averaged more than one notice per day.
Source: LWDA proposed PAGA regulations (2026)
Five firms filed 2,086 of the 8,846 PAGA notices in FY 2024–25 – nearly a quarter of all filings statewide.
Source: LWDA proposed PAGA regulations (2026)
Small businesses (<100 employees) get just 33 days after receiving a PAGA notice to propose a cure. Miss it and you're in court.
Source: PAGA Reform (SB 92 / AB 2288)
Seven in ten job seekers skip postings that omit salary information, directly impacting an employer's talent pipeline.
Source: Salary transparency survey data (2024)
Job postings that include salary ranges attract 44% more candidates. Non-compliant postings lose talent and risk penalties.
Source: Recruitics job posting analysis (2023)
Employers who fail to include salary ranges in job postings face $100 for initial violations, escalating to $10,000 per posting for repeat offenses.
Source: CA Labor Code §432.3
A non-compliant job posting creates exposure from multiple directions – not just current employees.
Any current or former employee can file a PAGA notice on behalf of the State for Labor Code violations found in job postings – triggering per-employee, per-pay-period penalties.
Any person – including applicants who were never hired – can file a complaint with the Labor Commissioner or bring a civil action if a job posting omits required pay scale information.
If a job posting contains discriminatory language (age preferences, protected class exclusions), anyone can file a complaint with the CA Civil Rights Department – no employment relationship required.
Sources: CA Labor Code §2699(c) (PAGA standing); CA Labor Code §432.3 (SB 1162 applicant rights); CA Gov. Code §12960 (FEHA complaint process).
California's 2026 employment law framework includes specific penalties for job posting and hiring violations. These are per-violation amounts that multiply with each affected employee and posting.
| Statute | Violation | Penalty |
|---|---|---|
| SB 1162 | Missing pay scale in job posting (first offense) | $100/violation |
| SB 1162 | Missing pay scale (subsequent offenses) | Up to $10,000/violation |
| AB 692 | Illegal training repayment provisions (TRAP) | $5,000+/employee |
| PAGA | Labor Code violation (initial) | $100/employee/pay period |
| PAGA | Labor Code violation (subsequent) | $200/employee/pay period |
Penalties shown are statutory minimums per violation. Actual exposure depends on number of employees, pay periods, and postings affected. See CA 2026 Laws for full details.
Under reformed PAGA (2024), employers who demonstrate good faith compliance efforts – including documented review processes – may qualify for penalty reductions of up to 85%. This is the statutory maximum, not a guarantee.
Source: PAGA Reform (SB 92 / AB 2288, effective July 2024). See Compliance Defense for details.
Important: SafeReq is an informational compliance screening tool, not a law firm. The statistics on this page are compiled from publicly available government data and legal industry reports for informational purposes only. They do not constitute legal advice. Specific penalty amounts, enforcement outcomes, and compliance requirements may vary based on individual circumstances. Consult a licensed California employment attorney for guidance specific to your situation.