PAGA Defense Attorneys

Our Law Firm Defends Companies Nationwide that Are Facing Employment Claims and Class Action Lawsuits Under California’s Private Attorneys General Act (PAGA)

James BellBusiness Litigation for
Shareholder and Equity Owner
Rights Team Lead

California’s Private Attorneys General Act (PAGA) is a unique statute that presents unique risks for employers. Under PAGA, employees can pursue claims on behalf of their coworkers and the State of California, and these claims can result in substantial civil penalties that are distributed among affected employees and the state.

As a result, when facing PAGA litigation, it is critical to engage experienced counsel. At Oberheiden P.C., we have significant experience defending companies against a wide range of employment-related claims. Our legal team is led by renowned trial attorney James Bell, and all of the attorneys on our team have senior-level experience. As a result, we are well-positioned to defend employers in these cases, and our experienced team is able to take a proactive approach focused on mitigating our clients’ legal costs while pursuing favorable results on their behalf.

Experienced Defense Counsel for California PAGA Litigation

Our law firm is available to serve as defense counsel for all types of PAGA actions. Employers face several litigation risks under PAGA, and all types of violations can expose employers to substantial liability. Our lawyers defend employers facing allegations including (but not limited to):

Misclassification of Employees

Employers in California must ensure compliance with all applicable statutory requirements. This includes properly classifying their employees. Misclassifying employees as independent contractors can lead to litigation under PAGA and other state and federal statutes.

Unpaid Wages (or “Wage Theft”)

PAGA is also one of several statutes that allow employees in California to pursue claims for unpaid wages (or “wage theft”). While PAGA and other employment laws are designed to protect employees, the strict nature of employers’ obligations under these statutes allows plaintiffs’ attorneys to use creative strategies to pursue claims in a wide range of circumstances.

Unpaid Overtime

Along with claims for unpaid wages, claims for unpaid overtime are common in PAGA litigation as well. Here too, PAGA is one of several labor laws that may apply, and targeted employers must be prepared to defend against all pertinent allegations to effectively protect their interests in court.

Other Wage and Hour Violations

PAGA allows aggrieved employees to pursue claims related to various other alleged wage and hour violations as well. Some examples of other common pay-related allegations in PAGA cases include:

Failure to properly itemize employees’ pay statements
Failure to provide adequate rest breaks
Failure to timely pay employees when pay periods end
Providing inaccurate wage statements to workers
Requiring employees to perform work “off the clock”

Again, these are just examples. When targeted under PAGA, employers need to ensure that they have a clear and comprehensive understanding of all of the allegations (and potential allegations) at hand. As mentioned above, these are high-stakes disputes—and, while employers may need to target settlement in some cases, it will be possible to favorably resolve PAGA claims without liability in some cases as well.

Other Unlawful Employment Practices

Along with pay-related claims, we also defend employers accused of other unlawful employment practices under PAGA. PAGA imposes stricter requirements than many other employment statutes, and employers must carefully address these requirements within their business operations. Those that fail to comply with any of PAGA’s requirements can face exposure to substantial civil penalties; and, when facing litigation under PAGA, employers must be prepared to fight employees’ claims by all means available.

We Also Handle California Employment Discrimination, Harassment, and Retaliation Claims Under FEHA

In many cases, companies that are facing PAGA claims in California will face other employment-related claims as well. We defend companies in Northern, Central, and Southern California and around the country that are facing all types of employment-related litigation under California law. This includes litigation involving allegations of discrimination, harassment, retaliation, and wrongful termination, among other unlawful employment-related practices.

While employees will often pursue PAGA and FEHA claims in state court, companies in California and elsewhere can face employment-related litigation in federal court as well. Our attorneys have extensive litigation experience at the state and federal levels, and we can serve as your company’s defense counsel regardless of the nature of the litigation at hand.

Oberheiden P.C. is a Business and Employment Litigation Law Firm

Oberheiden P.C. is a business and employment litigation law firm that defends companies against PAGA claims and other statutory claims on behalf of companies in California and nationwide. We have a proven track record in high-stakes litigation, and we have the team, capabilities, and resources required to effectively represent employers statewide. If your company is facing employment-related liability exposure, here is what our PAGA defense attorneys can do to help:

Conducting a PAGA Compliance and Risk Assessment – To determine your company’s potential exposure in the litigation, it will be necessary to promptly conduct a comprehensive PAGA compliance and risk assessment. Companies targeted in PAGA litigation need to have a clear and comprehensive understanding of the risks involved, and this begins with understanding whether they have complied with all pertinent statutory requirements.
Investigating Plaintiffs’ Claims and Identifying Defenses – After assessing your company’s risk exposure, then we can begin the process of investigating the plaintiffs’ claims and identifying viable defenses. This is a critical stage in the process that we use to position cases for early dismissal whenever possible.
Developing a Defense Strategy Tailored to the Litigation – When facing PAGA litigation, a tailored defense strategy is critical as well. Targeted companies must focus on using the evidence that is available (or lack thereof) to challenge plaintiffs’ allegations by all means available.
Advising Regarding Litigation Strategy and Settlement – We work closely with our clients’ leadership throughout the litigation process. Our lawyers help our clients’ leaders make strategic decisions at every stage—including strategic decisions about settlement when warranted.
Providing Trial (and Appellate) Representation as Necessary – While we work to secure favorable pre-trial results for our clients whenever possible, we provide trial (and appellate) representation when necessary. If fighting employees’ PAGA allegations in court is in your company’s best interests, we will be fully prepared to do so when the time comes.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

FAQs: Employment Class Action and PAGA Defense in California

What is California’s PAGA statute and how does it impact employers?

The Private Attorneys General Act (PAGA) is a California statute that allows employees to pursue wage and other labor-related claims against their employers in a wide range of scenarios. Under PAGA, individual employees can pursue claims on behalf of similarly situated coworkers and the State of California, and successful PAGA claims result in civil penalties rather than damages.

When can employees in California file wage and hour class actions under PAGA?

While PAGA allows employees to pursue claims on behalf of their coworkers, a lawsuit filed under PAGA is not strictly a class action lawsuit. This has important procedural implications—and this makes it critical for targeted employers to engage a defense firm with relevant experience.

Setting this aside, employees can file wage and hour claims under PAGA in a wide range of circumstances. PAGA litigation frequently involves claims related to unpaid wages, unpaid overtime, unpaid work, failure to provide employees with rest breaks, and other similar types of allegations.

What are the risks of facing a PAGA lawsuit in California?

Facing litigation under PAGA can pose substantial risks for employers. As noted above, PAGA includes provisions for civil penalties rather than damages, and these penalties can be up to $200 per violation per pay period. PAGA plaintiffs can seek to recover their attorney fees as well. As a result, employers’ liability exposure under PAGA can add up quickly, and employers targeted in PAGA litigation must be prepared to defend themselves effectively in all scenarios.

What should employers do when facing PAGA claims in California?

Employers that are facing PAGA claims in California should engage experienced defense counsel promptly. As discussed above, preparing to defend against PAGA litigation is a multi-step process—and thorough preparation is key to executing a successful defense strategy. Our law firm is available to provide defense representation on an emergency basis when necessary; and, in all cases, we take a comprehensive and multi-faceted approach to challenging plaintiffs’ claims in court.

What are some potential defenses in California PAGA litigation?

Employers that are facing litigation under PAGA may have a variety of defenses available. With that said, the defenses that are available in any particular case depend on the specific circumstances involved. When employers are in compliance with PAGA, affirmatively demonstrating compliance can be an efficient and effective defense strategy. But, even when employers are not in full compliance, they may be able to avoid liability through procedural defenses and other means.

Contact Us for a Complimentary Initial Consultation

If your company is facing a lawsuit under California’s Private Attorneys General Act (PAGA), we strongly encourage you to contact us to learn more about how we can help. To speak with a senior PAGA defense attorney at Oberheiden P.C. in strict confidence as soon as possible, call us at 888-680-1745 or tell us how we can get in touch online now.