CHAUVEL & GLATT, LLP

What is PAGA? PAGA stands for Private Attorneys General Act. Understanding what a PAGA lawsuit entails is essential for California employers to minimize their exposure to costly and time consuming litigation.

A PAGA lawsuit is when an employee files a lawsuit on behalf of the State of California for labor code violations. A PAGA lawsuit is a representative action on behalf of all current or former employees who suffered for the same alleged Labor Code violations. Civil penalties are recovered in PAGA Lawsuits.

Should Employers Engage an Experienced PAGA Defense Attorney?

Absolutely. Retaining a law firm with substantial experience in California employment law and PAGA litigation provides the strongest defense against a perceived Labor Code violation which may give rise to PAGA exposure. An Experienced PAGA Attorney can assist business owners/employers by: :

• Educating management and human resources regarding California Labor Law requirements and PAGA risk factors
• Implementation of comprehensive and consistent training
• Proactive compliance audits, and
• Organization preparation to respond effectively against PAGA claims.

Employers are well-advised engage attorneys with experience in this complicated area of employment law. . It is not an aspect of employment law in California that an employer should try to tackle on their own. PAGA litigation involves various unique procedural and statutory requirements that differ from usual wage and hour claims. Proactive, forward-thinking PAGA attorneys like those at Chauvel & Glatt will partner with their clients to meticulously prepare them for potential PAGA claims.

The Value of a Comprehensive Employee Handbook.

A California compliant employee handbook is one of the most valuable tools to help employers avoid PAGA exposure. Employers should undergo extensive audits of existing policies and practices to identify any gaps and remediation measures

Everything should be clearly articulated in an employee handbook that is given to all employees when hired and whenever updated. The PAGA attorneys at Chauvel & Glatt have a successful history of creating thorough, easily understandable employee handbooks that help document compliance with California labor laws.

If an employer has already engaged an employment law firm to create a comprehensive, compliant employee handbook, the employer is in a significantly better position to defend against a PAGA claim. Defending a PAGA claim requires a thorough and objective investigation of the allegations. mThe more familiar PAGA attorney is about the organization, their policies, practices, the better prepared they will be to lead a f a fair investigation and defend the client.

In a perfect world, an employer will not need to defend against a PAGA claim; or worse, a PAGA lawsuit. However, even with the best intentions and proper guidelines in place, HR practitioners in California know that defending against a PAGA claim may one day become necessary. If it does, a skilled PAGA attorney can help an employer navigate this challenging area of employment law. While the goal is to avoid a PAGA lawsuit altogether, even employers with strong compliance practices and well-drafted policies may face a PAGA claim. If that does arise, skilled Employer defense counsel can help navigate this challenging area of law.

Staying up to date on current PAGA Developments

New guidelines have recently been established by the California Labor and Workforce Development Agency (LWDA) in an effort to address high frequency/non-compliant filers (also referred to as template, or boilerplate, filings). These reforms provide for new notice procedures, cure opportunities, and early evaluation conferences. Additionally, these reforms created new procedural mechanisms to help the early resolution of these types of claims. By retaining experienced PAGA Attorneys, they can understand and stay up to date on how these changes can impact your PAGA lawsuit.

What Labor Violations Result in PAGA Claims?

The State of California takes labor violations seriously. What an employer perceives to be a minor violation can in fact be a major violation in California. Common reasons that PAGA claims arise are wage and hour related, such as:

• Violations of unpaid wages
• Failure to reimburse an employee’s work-related expenses
• Missing a mandated break
• Error on a paystub, even if unintended

These infractions by themselves may seem small, but they can add up very quickly.
What’s more, PAGA penalties are assessed based on the group of employees that are part of the PAGA period. What may have once been assumed to be a minor violation can become exponentially costly for an employer.

What If a PAGA Claim Leads to a PAGA Lawsuit?

If a PAGA claim does result in a PAGA lawsuit, Chauvel & Glatt is well-positioned to fight for our clients. We bring an arsenal of successful and attentive PAGA defense attorneys who will develop tailored strategies to mitigate the negative impact to our client’s business.

At Chauvel & Glatt, we work closely with our clients to evaluate any exposure, assess the allegations, and prepare a defense strategy. . Our approach is thorough, strategic, and results oriented. Chauvel & Glatt is committed to protecting our client’s interest at every stage of PAGA litigation

What Is Wrongful Termination?

California is an at-will employment state. This means that an employer can terminate an employee for any reason so long as it is not for a retaliatory or discriminatory reason. However, there are protected activities for which an employee cannot be legally terminated, such as:

• Retaliating against an employee who has raised legitimate claims, such as reporting an illegal activity (whistleblowing) within the organization or refusing to participate in an illegal activity
• Terminating an employee for involvement in an investigative process of labor law violations that they or others have experienced
• Terminating an employee due to a medical condition or disability
• Terminating an employee for taking legally protected leave such as CFRA or Paid Sick Leave
• Discriminating against an employee for reasons such as race/ethnicity, gender, age, sexual orientation, religious belief, or disability is a violation of employment law.

If an employee believes that they have been terminated for any of the reasons above, they can file a wrongful termination claim against their employer. These claims are not taken lightly, particularly in the state of California. These types of claims can be costly to an employer, not only financially but also reputationally.

Why You Need an Experienced Wrongful Termination Claim Defense Attorney

It is wise for an employer to hire a California wrongful termination defense lawyer who can help minimize risks before a wrongful termination claim arises. A forward-looking, full-service employment law firm can add tremendous value. They can provide the type of strategic guidance and develop policies and procedures that become a standard part of business operations to minimize your legal risk of such a claim.

The advice from a knowledgeable Employer Defense Attorney is extremely valuable. The risk of a wrongful termination can arise, even if the employer is terminating an employee for a legitimate, non-discriminatory reason. With the help of a Wrongful Termination Defense Attorney, we can assist employers in minimizing their legal risk of such claims.

Wrongful Termination Risk Management for Employers

Employer liability in wrongful termination claims can be minimized by creating a strong partnership between HR and an experienced Employer Attorney. Employment disputes are best avoided through proactive measures that involve proper training of employees, consistent policies, thorough documentation, and investigation (if applicable).

When Litigation Is Unavoidable, We Fight for Our Clients.

At Chauvel & Glatt, an employer’s defense strategy becomes our primary focus when a claim is brought against them. This holds true for any type of claim of an employment law violation. We are known as an employment law firm and business ally that solves our clients’ legal concerns.

If you would like to learn more on how we assist you to minimize a claim of wrongful termination or defend your Company against a Wrongful Termination Lawsuit, contact us today.