Steps to Defend Against Wage and Hour Class Action Lawsuit in California

March 2021

In today’s complicated world of employment, which is composed of everything from temporary to part-time to contract to permanent employment situations, it’s not uncommon for misunderstandings and conflicts to arise between employers and employees. It is also not as rare as it used to be for employers to become the defendants in a wage and hour class action lawsuit filed by a group of employees. In the state of California, all employers must maintain compliance with the California Labor Code, which outlines the civil statutes that regulate the obligations and duties of employers toward employees. If employers deviate from being compliant with the Labor Code, they set themselves up for the possibility of litigation for unfair employment practices.

Checking For an Arbitration Agreement

The Private Attorneys General Act, or PAGA, is legislation that allows employees in California to sue employers for violations of the California Labor Code. The number of these types of lawsuits has grown a great deal during recent years, so it is wise for employers to know what to do if facing such a lawsuit. Some arbitration agreements that are signed by employees stipulate that the employee may not file a lawsuit against the employer, so it’s important for the employer, if informed of a possible lawsuit, to check and see if there is already such an arbitration agreement. If such an agreement exists, the employer or his/her attorney can move to force the dispute to be settled by arbitration rather than by a lawsuit.

PAGA Safe Harbor Provision

The Safe Harbor Provision of the PAGA law gives employers a chance to correct any conditions that are outlined in a lawsuit or complaint that is filed by employees before proceeding with court activity. If the employer has violated the California Labor Code, the Safe Harbor Provision gives him or her 33 days from the date of the PAGA notice to “cure”, or correct, the violations. If the violations are corrected within this time frame, the lawsuit cannot proceed. An experienced California PAGA lawsuit attorney can evaluate the complaint to determine whether or not the violations can be corrected and how it should be done in order to comply with the Labor Code.

 Call to Schedule a Consultation With a California PAGA Lawsuit Attorney Today

If you’re an employer who is facing a PAGA lawsuit for violations of the California Labor Code, call to schedule a consultation with a California PAGA lawsuit attorney today. The experienced legal professionals at the Straggas Law Group, APC have the knowledge and skill to effectively defend you in case of this type of action. We serve the cities of Irvine, Newport Beach, Santa Ana, Costa Mesa and surrounding Orange County communities. Visit our website at straggaslaw.com or give us a call at 949-660-9100 and let us give you the legal voice you need.

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