PAGA Defense

This law deputizes employees to act as “private attorneys general,” allowing the employee to sue their employer on behalf of the State of California and seek civil penalties.

Originally intended to help the state enforce labor laws without overextending resources, PAGA has evolved into a powerful tool for plaintiff’s attorneys, allowing massive civil penalties—often for minor or technical infractions

Our PAGA defense team at Simantob Law Group has observed a significant surge in PAGA filings across California.

A few key trends:

• PAGA notices to employers increased by 69% from 2020 to 2021.
• Average PAGA settlements have tripled since 2019.
• 2024 cases are on pace to exceed prior records.

For Southern California businesses, this means greater litigation risk and increasing pressure to settle, even for minor infractions.

PAGA cases are uniquely difficult to defend:

• Costly Penalties: PAGA allows employees to seek civil penalties of $100-$200 per employee per pay period. For a mid-sized businesses, this can quickly add up to millions of dollars.
• No Class Certification Required: Unlike a class action, a PAGA plaintiffs don’t need class-certification. Any employee who experienced an alleged violation can bring a representative action on behalf of others for labor law violations experienced by the employee.
• Fact-Intensive Cases: Plaintiffs can bring PAGA claims for an exhaustive list of Labor Code rules on everything from paystubs to meal and rest violations. Defense building often requires a detailed analysis of payroll and timekeeping records.
• Only Arbitration of Individual PAGA Claims:   Plaintiff’s “individual PAGA claim” a claim arising from a violation an employee alleges she personally suffered can be subject of arbitration.  Viking River Cruises, Inc. v. Moriana.  Plaintiff, however maintains statutory standing to pursue in court “PAGA claims arising out of events involving other employees.” Adolph v. Uber Technologies, Inc.

Because of these legal complexities, early intervention by a Los Angeles PAGA defense attorney is critical.

At Simantob Law Group we offer California employers full-service defense at every stage of a PAGA action:

Initial PAGA Claim Assessment 

• Analyze PAGA notice and file appropriate response
• Assess claim validity, damages, and defenses
• Develop an effective remediation, early resolution or litigation strategy 

Motion to Compel Arbitration and Dismiss Class Action (when applicable)

• Enforce arbitration agreements in relation to employee’s individual PAGA claims 
• Dismiss class action causes of action based on wavier of class actions 

Strategic Mediation 

• Use skilled mediators familiar with PAGA violations and settlements
• Focus on early and cost-effective resolution

Aggressive Litigation Defense

• Remove cases to federal court when diversity exists (28 U.S.C. § 1332(d))
• Bring dispositive motions to eliminate invalid claims
• Retain industry experts to determine PAGA exposure
• Prepare strong defense for Court (note: no jury trial right in PAGA actions)

Simantob employment defense lawyers have represented clients in PAGA matters and based on strategic PAGA defense guidance and early assessment of the action have achieved successful resolutions for employers of all sizes. 

Proactive Legal Strategies to Prevent PAGA Claims 

Simantob Law Group helps employers reduce PAGA risk through:

Wage & Hour Compliance Audits

• Full Review and analysis of timekeeping, payroll, and classification practices
• Identify risk areas ripe for PAGA claims under the California Labor Code
• Recommend compliance steps to prevent claims and reduce penalty exposure

Employee Handbook & Policy Development

• Draft business policies for meal/rest breaks, overtime, and expenses that comply with California labor laws
• Ensure employee handbooks comply with California laws

Manager Training & Education

• Educate supervisors on wage and hour rules
• Build systems to check compliance with wage and hour rules

Implement Arbitration Agreements 

• Propose and implement arbitration agreements with class action waivers for submission of individual PAGA claims to arbitration.

• EXPERIENCE AND PAGA SPECIFIC KNOWLEDGE.  Our founder and lead PAGA defense attorney – Lisa D. Simantob, Esq. has over 30 years’ experience as a Los Angeles employer defense attorney serving clients in Los Angeles and throughout California. Our Los Angeles PAGA defense attorneys have extensive knowledge of the PAGA and PAGA case law and fully understand interplay between PAGA actions, class actions, and individual claims. 
• HIGHEST QUALITY SERVICE. Attorneys at Simantob Law Group strive to provide the highest quality legal services to all clients in Los Angeles and throughout California
• STRATEGIC GUIDANCE.  Our Los Angeles PAGA defense attorneys provide strategic guidance to ensure the most favorable and expeditious and early resolution of PAGA claims and actions. 
• COST EFFECTIVE REPRESENTATION.  Our legal fees are reasonably priced
• BROAD INDUSTRY KNOWLEDGE.  We have worked with various Los Angeles businesses in a vast number of industries and have knowledge of their intricacies
• HIGHEST CLIENT SATISFACTION.  Reviews of our firm demonstrate the highest level of client satisfaction

When your company needs an experienced Los Angeles PAGA defense attorney, count on the full-service boutique labor and employment defense law firm of Simantob Law Group for effective, cost-efficient and result-oriented representation. Contact us today at (310) 281-0041, complete our contact form, or reach us at info@business-attorney.com to schedule an appointment to discuss your PAGA matter.

To learn more about our law firm’s PAGA defense legal services and how our Los Angeles PAGA defense lawyers can handle your PAGA defense legal needs, please feel free to reach us at info@business-attorney.com

TO DISCUSS YOUR PAGA MATTER AND HOW WE MAY HELP YOU, PLEASE CONTACT OUR LOS ANGELES PAGA DEFENSE ATTORNEYS  AT (310) 281-0041, MESSAGE US ONLINE, OR EMAIL US AT INFO@BUSINESS-ATTORNEY.COM TODAY AND SCHEDULE A CONSULTATION.