Madera PAGA Defense Attorney

As an employer in California, you face many challenges in the legal and employment world. The Private Attorneys General Act (PAGA) can sometimes make you feel immensely overwhelmed but don’t forget that you have rights, too. If you are up against PAGA claims, don’t try to defend yourself. Instead, let a Madera PAGA defense attorney fight for you.

Finding and working with the right lawyer can make all the difference in your case. Labor laws are intricate and detailed, making them sometimes difficult to understand. An experienced PAGA defense attorney from Fishman, Larsen & Callister can see how your case relates to relevant laws and help you choose the right course of legal action.

The Private Attorneys General Act (PAGA) allows employees who believe they have been wronged by their employers, according to the California Labor Code, to take legal action against them. This act was put into place with the goal of citizens being able to privately enforce state labor laws. Sometimes referred to as the watchdog act, this act allows for personal, private legal action to take place.

PAGA claims are serious and should be handled with great care. If you are found guilty of violating the California Labor Code, you could face great financial repercussions as well as damage to the public view of your company. Fighting a PAGA claim is difficult and requires vigorous effort from both you and your attorney.

The California Labor Code is a set of laws that were created to protect employees in regard to wages, working hours, duration and frequency of breaks, and workplace conditions. This includes (but is not limited to):

• Specifying the minimum hourly wage that an employee must be paid
• When breaks must be given and the length they are required to be
• What defines a suitable and safe workplace environment
• When and how overtime pay should be given

While this code was set in place with the goal of protecting employees in the workplace, there are times when claims are made against employers that are dishonest, exaggerated, or inaccurate. Understanding what the California Labor Code prohibits as well as what it does not is vital in building a good defense.

You may face claims of California Labor Code violations as an employer if you have done any of the following:

• Failure to pay employees at minimum wage
• Failure to provide overtime pay when appropriate
• Failure to provide proper breaks
• Discriminating against employees for reasons such as race/ethnicity, sexual orientation, gender, disability, or age
• Firing or punishing an employee for reporting or bringing to your attention a labor code violation
• Failure to maintain a safe workplace
• Failure to properly train employees for their job
• Falsely classifying employees in order to avoid providing them with certain benefits and protections

Although labor laws are usually fairly black and white, there are times when certain situations seem to be slightly gray. In these cases, it can be helpful to have a defense attorney who can help you determine how the law specifically applies to your case.

Upon receiving a PAGA claim, know that you are just one of many employers who have received one. You are not alone, and there are experienced attorneys who are ready to guide you through the process. Some steps you should take include:

1. Contact a PAGA defense attorney who has experience with cases like yours.
2. Gather your company’s wage statements from the last year. This information will be helpful for you and your attorney as you begin to build your defense.
3. Review with your attorney the benefits and downfalls of the possibility of a settlement. How helpful a settlement option will be to you will depend on the claims made and your amount of responsibility for the violation.

If you are facing PAGA claims, it is important to find a defense attorney who can help you navigate the tricky legal terrain. Being sued for violating labor laws can create hefty financial and relational burdens that would be better to avoid.

It can be unsettling to receive a claim that you have violated someone’s rights or freedoms. As an employer, you already have loads of responsibilities and time commitments, leaving you little time and energy to deal with a court case. The primary role of a defense attorney is to guide you in such a way that alleviates and soothes stress and pressure on your behalf.

PAGA cases are often difficult to elude. However, there are many courses of action that can be helpful to you as the defendant. An experienced PAGA attorney who has seen firsthand what works and what doesn’t in these types of cases can offer you information on what may be a good course of action for you.

If you are charged with labor law violations, the punishment you will likely face will be financial. You could potentially face penalties for each employee who claims to have been wronged. If the employee wins the claim, the California Labor Code states that you will be ordered to pay up to $100 for each personal violation and up to $200 for any violation after that. This doesn’t include the damage that could also come to the reputation and name of your business.

An experienced PAGA attorney can help you build a defense for claims that are brought against you. It is important that you work with your attorney and share with them the information they ask for, as details that you may think are unimportant could prove to be vital to your case. Your attorney’s presence will make you more confident in the event that your case goes to trial.

Some elements of a defense case against PAGA claims include:

• A detailed examination of the claims made by your employee(s). This step is important because the entirety of the case rests on the employee’s allegations. If these can be proven to be false, inaccurate, or irrelevant, you may be able to avoid penalties.
• Review of your current workplace regulations and structures to ensure that any issues are updated according to California Labor Code law.
• Exploration of the possibility of correction. There are certain instances in which a violation may be corrected before the case has officially begun.

A PAGA defense attorney can not only guide you through the litigation process but help you prepare for it as well.

Depending on the violation that you are claimed to have committed, the time frame in which it happened could be of extreme importance to your case. For an employee bringing a claim of a labor law violation, they generally must make the claim within a year of its last occurrence. Filing a claim can be a long process, especially when taking into consideration the research and gathering of data that must happen before the claim is officially filed.

In the case that the statute of limitations runs out, your case can be dismissed, and you will not be charged. Prior to filing a claim, an employee must file a pre-file notice with the Labor and Workforce Development Agency (LWDA). This allows LWDA to determine what their presence and involvement in the case needs to look like.

In some cases, businesses and employers may choose to work out a settlement in order to move the process along, save money, or for other reasons. There can be both benefits and drawbacks to doing so.

Although they seem more personal, settlements must still be approved by the court, even if no compensation is being awarded. In the state of California, you must also present a copy of the settlement information to the Labor and Workforce Development Agency in addition to the court. This must be done at the same time.

While settlements depend largely upon your businesses and the violations that are being claimed, the average PAGA settlement in California is around $1 million, give or take some. While this is a large sum, it is not as grievous as the potential fine for companies with as little as one hundred employees, which checks out at around $4 million. In the face of financial repercussions such as these, a defense attorney can help you determine if a settlement is the right route for you.

While some insurance companies and plans may allot a small amount of money to be used to defend your business against PAGA claims, most do not. It is a common misconception that employers are protected from these types of claims if they have employment practices liability insurance. While this kind of insurance does offer protection in many ways, it most often makes an exception for PAGA claims.

As an employer, it is vital that you know and understand exactly what your insurance protects you from. Being proactive about this can save you time, money, and resources down the road. You may be able to get guidance from an experienced PAGA attorney in Madera, California who is familiar with business-related insurance policies and how your specific one relates to PAGA claims.

Being proactive can be one of the most helpful tools when it comes to PAGA claims. If you can beat them before they ever arise, you are saving yourself valuable time and energy. Even though perfection when it comes to PAGA laws is difficult to obtain and maintain, getting as close as you can is vital.
There are certain violations that seem to be more common in the workplace. Ways to avoid violations include:

• Keeping accurate and detailed time cards
• Maintaining a tight grip on wages
• Ensuring that an employee is paid for all work he/she does and is paid the appropriate amount for overtime
• Ensuring that each employee receives the appropriate amount of time for breaks and meals
• Making sure that you appropriately classify each employee as an employee or independent contractor
•  Keeping the physical work environment free from hazards where an accident may occur

Some other ways to stay ahead of the game and maintain a pleasant work environment could include:

• Having a system where you hear and respond to employee complaints and feedback
• Looking at your company’s written policies and procedures to make sure that they are in line with state law. This could even be done alongside a PAGA attorney to ensure there’s nothing you miss or misunderstand.
• Verifying all of your records, for everything and everyone, are detailed and kept up to date.

If you find that your company may be in violation of one of these labor laws or others, it is crucial that you work to resolve these issues as soon as possible. Ensuring that managers and other managing staff are aware of these laws and abide by them is another way to decrease your likelihood of getting stuck with a PAGA claim.

One of the most important aspects of running and maintaining a business is your reputation in the community. PAGA claims can have a great impact on this, as well as negative financial effects. At Fishman, Larsen & Callister, our law firm can lend you a helping hand.

If you need legal guidance in order to protect and defend your company, do not hesitate to reach out to us. Our team is well-versed in California PAGA law and procedure. As an employer, you have rights that deserve to be defended, too. Contact us today to learn more about how we can assist you.