Zombie PAGA Notices: Why Employers Are Seeing ‘New’ Letters Tied to Old Claims

Quick Hits

• Employers in California are receiving alerts about “new” PAGA notice letters that appear to restart old claims, often years after the original filings or settlements.
• The confusion arises from the California Department of Industrial Relations website, where recently uploaded documents titled “redacted” link back to older PAGA notices, leading employers to mistakenly believe a new claim has been filed.
• Misinterpreting these reposted notices can trigger unnecessary internal responses or insurance notifications, so employers may want to verify document history and cross-check prior case activity to determine the true status of a claim.

Employers have seen notices uploaded in September 2025 with document titles that include the word “redacted.” The “new” upload links back to the original PAGA notice letter—often five or more years old—which does not include “redacted” in its document title.

The appearance of a new posting has led some employers to believe a new PAGA claim has been filed when it is, in fact, a public posting of an older notice. Moreover, the seemingly revivified notices—which could be considered “zombie” notices—have led to some confusion in the employer community.

Historically, certain PAGA documents—such as proposed settlement agreements and judgments—were publicly available directly from the DIR, but PAGA notice letters were not posted online and could typically be obtained only via Public Records Act (PRA) requests.

More recently, the DIR has begun publishing PAGA notice letters for public download. As part of this effort, the agency appears to be uploading redacted versions of older notices, assigning new document titles and dates to the redacted uploads.

The result: employers receive automated or manual alerts tied to the September 2025 “redacted” posting and reasonably assume a new claim has been initiated, even though the underlying notice is the original, older filing.

Confusion over these zombie notices has considerable implications for employers. For example, misreading a redacted repost as a new filing can trigger unnecessary internal response efforts, insurance notifications, or litigation holds. Conversely, ignoring the posting could be risky if there actually is a new notice or amended notice associated with ongoing litigation activity. In addition, settled or dismissed PAGA matters can reappear in these postings, creating uncertainty about whether claims have been revived (they typically have not) or whether the posting reflects administrative housekeeping.

Quickly Triaging a ‘New’ DIR PAGA Notice Posting

An employer that is alerted to a DIR PAGA notice posting may want to take the following steps:

• Verifying the DIR document history: Is the “redacted” file a new upload of an older notice? Consider checking the underlying notice date and any associated case identifiers.
• Cross-checking prior case activity: Consider confirming whether a PAGA action was previously filed, stayed, settled, or adjudicated.
• Looking for amended notices: Consider determining whether any recent amendments or new notices have been submitted by the same plaintiff or counsel.
• Coordinating with insurers: Consider getting clarification from insurers regarding whether the posting affects coverage notifications or reporting obligations.
• Preserving records appropriately: If there is any uncertainty, consider implementing proportionate preservation steps while the status is confirmed.

Conclusion

Employers that receive a “new” DIR PAGA notice letter—especially one labeled “redacted”—may want to work closely with their business teams and to investigate whether the notice is truly a new claim or simply a reposting of an older notice. Employers that take prompt, informed action can help ensure they respond appropriately and avoid unnecessary disruption.

Ogletree Deakins’ California Class Action and PAGA Practice Group will continue to monitor developments and will post updates on the California and Class Action blogs as additional information becomes available.

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