Visalia PAGA Defense Lawyer
If you own a business in California, you may already be concerned about class action lawsuits. These can be terrifying situations for a business as they can be very damaging to your livelihood. Unfortunately, you also need to be wary of the Private Attorneys General Act (PAGA), and you may need the support of a Visalia PAGA defense attorney.
These claims can become incredibly complicated and difficult to manage without the help of a Visalia PAGA defense attorney. Many businesses are seeing the effects of PAGA claims and have been negatively impacted by them. The team at Fishman, Larsen & Callister is ready to represent your case.
What Is PAGA?
PAGA is the Private Attorneys General Act, and it was introduced in California in 2004. PAGA allows employees to file civil claims against an employer for perceived violations of California labor law, bringing them before the Superior Court. This also allows them to make claims on behalf of fellow employees as well. PAGA claims have seen a large increase in the last few years, putting employers at great risk of heavy fines.
This act essentially allows employees to act on behalf of the attorney general and become agents of labor law. This can be very troubling for employers as they fight to protect themselves from these kinds of claims. PAGA doesn’t have as strict of requirements as a class action lawsuit, and the penalties are magnified depending on how many employees are being represented.
What Is the Difference Between a Class Action and a PAGA?
In class action claims, absent parties are advocated for and represented. For PAGA claims, employees become agents of labor enforcement, and the penalties are determined by how many violations of the Labor Code an employer is committing. PAGA claims also cannot be solved through arbitration.
Any PAGA penalties that are collected are disbursed in a particular way. 75% of the penalties that are collected go to the agency or the state. The remaining 25% is awarded to the employees that are part of the suit. Additionally, PAGA doesn’t need to qualify for the same things that class action does. PAGA also doesn’t require fair and adequate representation, meaning that the state doesn’t look into the names being represented.
What Penalties Fall Under PAGA?
In recent years, many new laws have been enacted to protect the interests of employees. That’s why it’s vital that businesses have a good understanding of the rules surrounding employment. There are several different labor violations that fall under PAGA. These things include:
Health and safety of employees. If there are health and safety violations, these qualify for a PAGA claim.
Employee misclassification. If employees are misclassified as either private contractors or exempt, an employer may face a PAGA claim.
Wage and hour claims. If employees aren’t being properly compensated for their work, this can fall under PAGA.
Other labor code violations. Any other labor code violations may also fall under PAGA.
Why Hire a PAGA Claims Defense Attorney?
It may not seem like retaining a lawyer in the face of a PAGA claim is necessary, but this isn’t true. In order for employees to be able to pursue PAGA claims, they have to try to solve the issue through administrative remedies. This means that they have to attempt to solve the issue in other ways before using PAGA for their labor violation claim.
This can require a lot of work for an employer and isn’t as straightforward as it may initially appear. A skilled PAGA claim defense attorney can help manage all the administrative claims that will come through on the road to a PAGA claim. A practiced PAGA defense attorney knows how to manage these situations and will help a business set up protocols to handle these issues before they get out of hand.
While sometimes things cannot be solved without a day in court, being proactive and taking preventative measures can help save you and your business a lot of time, money, and headaches. Being prepared and working to prevent claims will be a great benefit. PAGA and class action defense can be more complex than taking preventative measures.
How Much Does a Defense Attorney Cost?
Attorney fees can vary greatly for employment defense. While less experienced lawyers may be less expensive, they may end up costing you much more down the road because of their inexperience. To protect your interests, you should employ a skilled and experienced lawyer with proven results.
The right attorney can make the difference between you having a business and having to close your doors for good if you lose a particularly costly case. The longer your case takes to conclude, the more expensive it can become. This is why an accomplished attorney with employment law experience should be your first choice.
What Can I Expect to Pay in Penalties?
If an employer is required to pay in a PAGA claim, there are many fees that can be associated with labor law violations. In many situations, the California Labor Code specifies the penalties for violations. However, in cases where the code hasn’t made specifications, fees include an initial amount of $100 for each employee represented in the claim and then $200 for every additional violation. These are factored by pay period.
Your Visalia PAGA Defense Attorney
While you’re trying your best to treat your employees fairly, that doesn’t mean everyone will be happy with how you handle things. It doesn’t take much for an employee to become disgruntled and potentially talk other employees to their side. You can quickly lose your reputation and even your business in the wake of complex PAGA claims.
You don’t have to feel defenseless and let your business fall when this happens. You have the right to defend your assets and your business. A qualified class action and PAGA defense lawyer can help represent you and give you the peace of mind that you need during these difficult litigations. If you’re facing a PAGA claim, reach out to our law offices today and schedule your consultation to defend yourself and your business.