California’s Private Attorneys General Act (PAGA) poses a unique threat to employers. We’re well equipped to defend your interests in these high-stakes cases.

PAGA provides a private right of action that makes it easy for current and former employees to claim labor code violations on behalf of themselves, the State of California, and “aggrieved” coworkers. When a violation is found, the potential civil penalties, which typically amount to $100 per-worker, per-pay period, can quickly add up.

Experienced Attorneys

Our highly experienced team of labor and employment litigators, based in Los Angeles and San Francisco, know the law inside and out. We’ve successfully defended employers in numerous PAGA actions at the trial and appellate levels. Our attorneys stay ahead of the curve, employing innovative defense strategies that align with the latest developments in case law. We have also authored industry-wide guidance on defending PAGA claims.

PAGA claims are challenging to defend because the Act makes it relatively simple for current and former employees to sue employers for alleged labor code violations. The bar for PAGA claims is low, and they can be brought under a wide array of state labor and health and safety laws. Plaintiffs can sue for violations committed against themselves and other “aggrieved” employees. PAGA also allows plaintiffs to recover attorney fees and costs, which is an incentive to plaintiffs’ firms. PAGA claims do not carry the class certification requirements that apply to similar federal class actions. This combination of factors has led to an increasing number of PAGA actions, which our attorneys are well-positioned to defend.

Timely Response

If your business faces a PAGA action, it’s critical to mount a timely and forceful response. With an eye toward efficiency, we move quickly to help you limit exposure. Where appropriate, we file early motions to challenge the plaintiffs’ claims. Our team will immediately assess the case, review necessary documents and data, interview key employees to gather information to defend the PAGA claims, and when needed, will analyze time and payroll data for compliance.

We know the California plaintiffs’ bar and are familiar with their litigation tactics. If a settlement is ultimately the most efficient resolution, we’re skilled negotiators with a record of driving favorable deals for our clients.

When trial is the only option, our team of seasoned trial lawyers know what it takes to win a PAGA case in court. We provide tenacious, efficient representation backed by the technology and resources of a national, AmLaw 100 firm.

Prevention

We monitor the latest cases and work with employers to correct their time and pay practices, edit their payroll coding, and develop policies and procedures to minimize PAGA actions.

Notable Experience

• Represented a security company in a wage and hour and PAGA action, obtaining a complete dismissal of all claims based on technical wage-and-hour grounds, including arguments related to regular rate of pay compliance and intricate timecard- and data-based arguments that precluded meal period liability.
• Represented a large retailer in a wage and hour PAGA action, obtaining judgment on the pleadings (complete dismissal) on the PAGA claim where liability was estimated to be in the high seven figures. The motion for judgment on the pleadings was granted following challenges to plaintiff’s exhaustion of administrative remedies and technical statute of limitations arguments, including arguments over novel interpretations of whether aspects of a PAGA claim can be revived based on continuing violations to aggrieved employees, a theory upheld on appeal.
• Represented a technology manufacturer/retailer in a wage-and-hour class and PAGA action, obtaining a complete dismissal of all claims following successful arguments that the conditions in which a subsidiary operated did not create joint employment liability.
• Representing a manufacturing company in defense of class action and PAGA lawsuits alleging violations of California’s meal and rest period, overtime, wage statement, final pay and related/derivative claims.
• Representing a talent management company primarily serving logistics companies, in a PAGA action brought under the California Labor Code for allegations involving various wage and hour and OSHA violations.
• Representing national healthcare company against statewide PAGA action under California law for alleged wage and hour violations.
• Represented national manufacturer against statewide class and PAGA action under California law for alleged wage and hour violations.
• Defended health care organization against PAGA allegations arising under the California Labor Code, including failure to permit authorized rest periods, failure to pay reimbursable expenses and other claims.