You may have heard recently that a PAGA lawsuit is a genuine risk for San Diego employers.  What is PAGA and why is this area of the law a substantial risk and serious concern for any San Diego or Southern California employer?

What is a PAGA Lawsuit?

The “Private Attorneys General Act” or PAGA allows your current or former employees to not only step into the shoes of California’s Attorney General to prosecute labor related claims, it exposes your company to serious and expensive individual and class action litigation. A PAGA action is brought by plaintiffs attorneys providing not only access to records regarding an individual current or former employee, but the power of “discovery” to identify any other potential current or former employee who may have a situation which qualifies to join the suit or become part of a Class Action.

Aggressive PAGA Defense

What is the best defense against employee-related litigation?  The number of PAGA lawsuits, unpaid overtime, and wage and hour cases filed in State and Federal Courts has substantially increased over the past three years.  PAGA is an area of vulnerability your employee’s lawyer will exploit once a dispute has begun.  How can you reduce or eliminate the risk of employee-related litigation?  The old saying “The best defense is a good offense” definitely applies here.

The employer defense attorneys at the Watkins Firm have been busy in the past few years, helping our business clients to remain in full compliance with all federal, state and local employment laws while taking proactive steps to insure against potential litigation.  We have written extensively about employer defense, as we are committed to serving business owners and employers exclusively.  One way to improve your strategy is to evaluate the areas of vulnerability your employee’s lawyer will exploit when they attempt to take you to court.

While PAGA and wage and hour disputes are areas of vulnerability your employee’s lawyer will exploit here are few things to think about:

1. Give Honest Work Reviews – the hardest question to answer in a lawsuit goes something like “…you gave this employee high marks across several evaluations, and now all of a sudden they need to be terminated?”  Be candid – especially in marginally performing employees.  Always note areas of concern, and actions an employee can take to improve them.  Reviews that are puffed up or glossed over damage your own credibility and are one of the fastest routes to losing a lawsuit.
2. Take Employee Complaints Seriously – the BEST time to resolve any dispute is at the beginning.  The lawyers at the Watkins Firm ensure that processes and procedures address employee complaints quickly, comprehensively and aggressively.  We work to diffuse the situation, remediate exposure(s), negotiate a resolution and avoid litigation before real trouble shows up at your door.
3. Be Familiar With Your Own Policies and Procedures – these gaps of knowledge are exposed at deposition and at trial.  When an employer is shown to be unaware of their own policies it damages their case in a manner that is not repairable.  At best you look uninformed and uncaring.  At worst – you look negligent and malicious in your actions, and this opens the door to exorbitant damages.

The Best Action Any California Employer Can Take the Moment They Learn of Any Employee-Related Dispute

What is the best action any California employer can take the moment they learn of any employee-related dispute or upon the receipt of any sort of letter from plaintiff’s counsel?

Call the Watkins Firm IMMEDIATELY for a Substantive and Free Consultation at (858) 535-1511

This is not a time to put one’s head in the sand and hope things blow over or work out. There are substantial actions you can take, immediately out of the gate, to reduce or eliminate any exposure you may have and put a stop to the PAGA action before it ever gets started.  You have a very limited time from any communication such a written letter from outside counsel to take action.  A 30 day clock is already running and once that window expires the costs of defense and the ability to reduce the impact of the litigation can be dramatically reduced.

A PAGA Lawsuit is a Genuine Risk for San Diego Employers

Any wage and hour dispute or a PAGA lawsuit is a genuine risk for San Diego employers.  The experienced San Diego employer defense attorneys at the Watkins Firm can provide important insight into the situation and guide you through the immediate actions you can take to reduce or remediate any potential exposure and put a stop to litigation or a full blown PAGA class action lawsuit.

We invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a substantive complimentary consultation today.   Learn more about how a PAGA lawsuit is a genuine risk for San Diego employers and what you can do to reduce or eliminate your exposures and associated risks.