An Ounce of Prevention – Avoiding and Defeating Wage & Hour Class and PAGA Representative Actions
Veronica Gray and Allison Callaghan moderated and participated a panel on "An Ounce of Prevention - Avoiding and Defeating Wage & Hour Class and PAGA Representative Actions" at the 29th Annual All Hands Meeting on Wednesday, October 18 in Santa Clara, CA. Panelists included well-known and respected Plaintiff's wage and hour class action attorney Eric Kingsley of Kingsley & Kingsley, and Ted Anderson, Vice President and Principal of Welch Consulting.
Most companies are vulnerable to wage and hour class and/or Private Attorneys General Act (PAGA) representative actions. Wage and hour class actions still outpace every other type of workplace class action. Avoiding being a target of such actions is a significant challenge to California General Counsel. In 2016, the top ten class action wage and hour settlements exceeded $695 million. It is an understatement that these actions significantly impact the corporate bottom line.
This panel discussion addressed recent legal developments and trends in wage and hour class and PAGA representative actions. Based on these developments and trends, the panelists discussed effective pre-litigation tips and best practices to avoid and defeat such actions, including conducting a company audit. The interactive panel consisted of (1) both plaintiff and defense counsel who will provide their unique perspective on these issues and (2) an outside consultant who will provide insights on how audits and analysis of company data (and challenges related thereto) can prepare General Counsel for and help defend against agency investigations and class and representative lawsuits.