Defending Class and Representative Wage-and-Hour Actions in California

Wage-and-hour class actions, especially when coupled with representative claims brought pursuant to the California Private Attorneys General Act of 2004 (“PAGA”), can present California employers with astronomical theoretical exposure based on merely technical violations of the California Labor Code that cause no actual harm.  While well-crafted arbitration agreements can minimize the risk of most class action claims in the wage-and-hour context, PAGA claims cannot be arbitrated, and controlling caselaw offers employers fewer “exit ramps” short of a high-stakes trial.  This program offers an overview of wage-and-hour class actions and non-class PAGA actions, strategies for managing the risk of such cases, including when multiple follow-on cases are filed, and commentary on the key decision points affecting in-house counsel’s ability to apprise the business of these risks.