09/24/2026
In 2024, California gave employers a way to shrink PAGA penalties.
If you can show you took "reasonable steps" to follow wage-and-hour law before a claim came in, the penalties can be cut to 15% of what they'd otherwise be. Fix things quickly after you get notice, and they can be cut to 30%.
That's a big discount. So how often is it actually being used?
We looked at 652 California PAGA and wage-and-hour settlements from June, July, and August of this year.
The "reasonable steps" discount came up in 20 of them. About 3%.
And in most of those 20, it was only mentioned — often by the plaintiff's lawyer, saying it didn't apply. In just five cases was the discount actually used to bring the settlement number down.
Here's what those cases looked like.
One employer settled in July for $130,500. Its lawyers started with roughly $144,700 in potential PAGA penalties, applied the 15% discount, and then negotiated further from there. The PAGA portion of that settlement ended up at $5,000.
Another employer — a steel fabricator — settled in August for $287,500. It had fixed its meal-break timekeeping in 2025 and its lawyers raised the discount. The court papers even show what the discount would have produced: about $52,215 in PAGA exposure. But the final settlement math didn't use it. It treated the discount as one more argument and landed on a higher number.
Same law. Two very different results.
The difference wasn't the law. It was whether the employer had a compliance record built before the claim arrived — and whether it was strong enough to be the starting point instead of a talking point.
If you're a California employer counting on this discount, the takeaway is uncomfortable: nobody is handing it out. You have to build the record first.
Two caveats: we have court filings for only about half of these cases, and some are older matters filed before the 2024 law took effect.
Full breakdown of all five August settlements, including the caveats on method: https://ow.ly/Yz2150ZRcxE
Disclosure: the settlement data comes from Scaled Comp, which I co-founded. Zaller Law Group uses it as a tool in our litigation and audit work.