Tulare PAGA Defense Attorney

In 2004, California passed the Private Attorneys General Act (PAGA) as a way to enforce its wage and hours regulations further. Employers must abide by these laws if they intend to operate a business in the state, yet some employees suffer from lost wages due to their employer’s negligence. While it can be overwhelming and difficult to navigate these legal issues while running your business, you have the right to hire a Tulare PAGA defense attorney to represent you.

Our team at Fishman Larsen Callister knows how complex employment law is throughout Tulare, but we’re committed to using our knowledge of PAGA to defend you.

PAGA allows employees to file a lawsuit against their employer for ignoring the fair-wage laws. Employers should be fully aware of work and hours laws, yet some either forget or don’t take them seriously.

If someone is considered an aggrieved employee, meaning they suffered due to a company’s labor violations, they qualify to submit action claims that will then be viewed by a superior court. Employees can recover damages resulting from these violations, whether they were financial, emotional, or physical.

You may struggle to understand the intricate details of filing a PAGA lawsuit in Tulare, and this is common for many business owners and aggrieved employees alike.

There is a filing fee of $75 if an employee wishes to proceed with a claim. They also have one year from the date of the violation to file the claim. The claim cannot simply be a list of the violations caused by the place of employment, as the claim could be dismissed without the proper information. PAGA claims must include a basic overview of the situation, a list of California labor laws that were violated, and a list of aggrieved employees involved in the case.

Employees may not have all of the correct details when filing a claim, but they don’t have to include everything at first. However, the more evidence they provide, the stronger the claim may be.

When the claim has been submitted, you will be notified of the claim, and the California Labor and Workforce Development Agency can begin looking through the evidence. The Agency can then decide whether or not to pursue the claim, and they have 65 days to make a decision. If the claim isn’t taken on by the Agency, they could still proceed with a PAGA claim by themselves.

No matter the situation, it is highly advised that employers get in touch with legal representation as soon as they are made aware of a PAGA claim.

Employers should do everything they can to prevent lawsuits from their employees, and these can mostly be avoided by treating employees fairly and according to law. When your company is charged with violating labor laws, you could face staggering penalties.

For instance, each labor violation can cost your company $100 per employee, with an additional $200 for repeated offenses. If you were to deny 20 employees a lunch break, for example, this could cost your company $2,000 for the first time you violate the law and an additional $4,000 for every instance you violate the law afterward.

To prevent losing finances and your employees’ trust, it is essential to abide by the regulations set by the state, and if a dispute arises at any moment, focus on resolving the issue professionally and quickly.

Q: How Do I Defend a PAGA Lawsuit?

A: The first step is to contact an attorney who is experienced in employment law. This is so they can gather any relevant evidence to the case and determine how to proceed. Companies can also reach out to advisors for recommendations. It is also advised to obtain employee handbooks and a list of policies that were in effect for the past few years, as this can be used to strengthen your case.

Q: How Do I Avoid PAGA Claims?

A: To avoid PAGA claims entirely, be sure you are paying your employees fairly and according to the law. The state of California has clearly outlined work and hours laws that must be followed by employers in order to prevent class action lawsuits. If you have been notified of a claim, it’s imperative you seek legal assistance from a qualified and knowledgeable law firm. This is so they can defend you in court and potentially lessen your damages.

Q: What Claims Fall Under PAGA?

A: There are three types of claims you can file that are considered a part of PAGA. First, you can submit a claim if your employer violated the California Labor Code that wasn’t specifically outlined in a statute. Second, a violation of California’s health and safety regulations is grounds for a claim. Finally, any other clearly defined California labor laws, such as overtime, cannot be violated; otherwise, an employee can submit a claim.

Q: How Is PAGA Settlement Distributed?

A: Employers who have been found to be violating labor laws can be charged $100 per employee. For repeated instances, they can be charged $200 per employee. After the settlement has been calculated, 75 percent of the amount goes toward the state of California, while the other 25 percent is distributed equally among the aggrieved employees. However, employees may also be able to recover attorneys’ fees and other court costs, depending on the case.

PAGA claims tend to be complicated to understand and navigate. Employees across Tulare shouldn’t have to suffer at their workplace due to an employer’s negligence. Employees deserve to be treated with respect, and many aggrieved employees become frustrated when they’re forced to work through a lunch break with no incentive. You may agree with these sentiments and are doing everything you can to protect them, yet you still experience a PAGA claim. If this is the case, let us know immediately.

At Fishman Larsen Callister, we’ve worked with several employers who were concerned about PAGA claims, and we take these matters very seriously. Employees may have filed a claim inaccurately, or the information provided is falsely accusing you of violating the law. If you own a business in Tulare, our team is prepared to gather appropriate evidence and determine how these matters should be addressed.

To learn more about PAGA and how we can help, contact our team today to schedule a consultation.