Three-Part PAGA Roundtable Series - 2022

Presented in three parts on: April 20, 27, and May 4, 2022. 1.25 MCLE Per Session  Part I: Preparing for Mediation of a PAGA Case LWDA exhaustion and whether any Labor Code violations are curable; Discussion of the amount and quality of pre-mediation informal and formal discovery and investigation; Possible motion to stay PAGA action pending arbitration and/or mediation; Qualities to look for in an effective mediator, including wage-hour, PAGA and class action experience; Prior settlement record; Expenses of mediation; Courts’ ADR / mediator programs and panels; Decisonmakers required; and Consideration of effective presentation of case and potential defenses at mediation. Part II: PAGA Settlement Strategy Information and documents needed to settle a PAGA claim Payroll records Time worked records Putative class member declarations and related information Extent / scope of Release Allocation to the LWDA for PAGA penalties Reversion of settlement monies or payment to charity Escalator Clauses Enhancement to the named plaintiffs Taxes Handling Objectors Tips to increase chances of court approval of conditional class and/or PAGA settlement Part III: Trying and Litigating PAGA Cases Potential dispositive motions (motions to dismiss and MSJ) Plaintiff’s wage statement claim barred by California precedent precluding penalties for derivative wage statement violations Plaintiff’s PAGA representative claims are barred by the manageability prerequisite under Williams v. Superior Court, 3 Cal. 5th 531, 559 (2017) The federal Portal-to-Portal Act of 1947 LMRA Section 301 preemption where the court must interpret and apply a collective bargaining agreement to adjudicate Plaintiff’s wage-hour claims Other potential defenses Obtaining and using representative evidence at trial Challenging “manageability” and Plaintiff’s proposed trial plan Potential due process objections, e.g., “off-the-clock” claims (and preserving issues for appeal) Other appropriate objections and MILs to preserve issues for appellate review Bench trial of PAGA claim, but jury for class claims Trial court’s considerable discretion to reduce PAGA penalties Effective trial evidence selection and presentation, and effective trial strategies Presenters: Laura McHugh, Esq. - Duggan McHugh Law Corp.Laura McHugh has represented companies of all sizes in employment and labor law matters for over 25 years. She has extensive experience defending employers in PAGA and class action wage and hour cases. She regularly advises and represents businesses in workplace matters and litigation, including traditional union-management labor relations. She has argued before the California Supreme Court and Third District Court of Appeal, obtaining precedential, published decisions. Tyler Paetkau, Esq. - Partner - Procopio Tyler Paetkau defends employers against claims of wrongful termination, discrimination, retaliation, sexual harassment, defamation, wage and hour violations, unpaid commissions, collective and class actions, and unfair labor practice charges. He also represents employers in litigation involving unfair competition, misappropriation of trade secrets, restrictive covenants, and employee mobility issues. Tyler has extensive experience representing employers in union-management labor relations matters, including union organizing campaigns, strikes, and collective bargaining negotiations. Sponsored by: Judicate West