PAGA Defense For California Employers
California has a unique law called the Private Attorneys General Act (PAGA) that allows an employee to sue their employer in a representative lawsuit seeking civil penalties on behalf of themself and all other allegedly aggrieved employees. The lawsuit does not need to follow formal class action procedural requirements.
Allegations in a single lawsuit can quickly add up to hundred of thousands, if not millions, of dollars in potential exposure for an employer because penalties are assessed per violation, per employee, per pay period. If any civil penalties are recovered in a PAGA lawsuit, the amount is divided such that only 25% goes to the alleged aggrieved employees, while the other 75% goes to the State of California. A plaintiff’s attorney can then collect their fees on top of the penalty recovery.
At Rediger Labor Law, we can help you address PAGA claims swiftly and effectively. Our lawyers focus exclusively on representing employers in labor and employment matters. We understand the intricacies of state and federal employment laws, including PAGA.
Curing PAGA Violations: A Limited Window Of Opportunity To Potentially Reduce Exposure
PAGA provides employers with a limited opportunity to fix (or “cure”) a specific subset of alleged violations underlying PAGA claims at the outset. If done in a timely manner, some of the penalty exposure may be reduced.
Contact legal counsel as soon as you receive a PAGA notice to make sure you do not miss an opportunity to cure a potential violation before a PAGA lawsuit is filed.
Wage And Hour Class Action Defense
Our firm has particular expertise in defending class action lawsuits brought by one or more employees on behalf of a larger group of employees. These claims often involve wage and hour-related issues such as:
- Alleged missed meal periods
- Missed rest breaks
- Unpaid overtime
- “Off-the-clock” work
- Prevailing wage violations
- Failure to pay the minimum wage
- Misclassification of nonexempt employees
- Unfair Competition Law (UCL) violations
We are experienced in litigating class action lawsuits through trial. Our attorneys have also reduced the potential exposure of our clients by:
- Preventing lawsuits from being certified as class actions
- Negotiating favorable settlements
- Obtaining dismissals of class action complaints in California state and federal courts