CA SB92

Employers with fewer than 100 employees can submit a confidential cure proposal within 33 days of receiving a PAGA notice and must complete the cure and notify the employee and agency by the agreed deadline, with the agency verifying completion within 20 days.

Employers with 100 or more employees can request an early evaluation conference and stay of court proceedings when served with a PAGA complaint, with mandatory conferences scheduled within 70 days to evaluate violations, proposed cures, and settlement possibilities.

Confidential statements and evidence submitted during settlement negotiations, neutral evaluations, and cure assessments are protected under Evidence Code Section 1152 to encourage early dispute resolution and prompt employer action.

The bill applies to civil actions brought on or after June 19, 2024, except for actions where notice was filed before that date, and becomes operative October 1, 2024, contingent on Assembly Bill 2288 being enacted by January 1, 2025.

The bill takes effect immediately as an urgency statute and includes legislative findings regarding confidentiality protections and limitations on local agency reimbursement requirements.