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Wage & Hour Defense

Wage and Hour Claim Defense for Employers

Defense of California employers facing individual wage claims, Labor Commissioner proceedings, and representative or class actions.

Claims the firm defends

  • Unpaid wages and overtime, including off-the-clock work, rounding, and regular-rate calculations
  • Meal and rest breaks: California generally requires a 30-minute meal period before the end of the fifth hour of work and a 10-minute rest period for each four hours worked, with a premium of one hour's pay for each day a compliant break is not provided
  • Misclassification of employees as exempt or of workers as independent contractors, including under the ABC test
  • Wage statement and final pay claims, including waiting time penalties
  • Labor Commissioner (DLSE) claims, including settlement conferences and Berman hearings
  • PAGA representative actions and class actions

PAGA

The Private Attorneys General Act allows an employee to seek civil penalties on behalf of the State and other employees after giving notice to the Labor and Workforce Development Agency. 2024 reforms changed penalty amounts and created options for employers that take steps to comply or that cure certain violations. The response to a PAGA notice is time-sensitive.

Arbitration agreements

Employment arbitration agreements may require individual arbitration of some claims. Their enforceability depends on the agreement's terms and current case law.

Prevention

The firm can review timekeeping, break, classification, and pay practices and help employers address issues before a claim is filed.

General information about California law, not legal advice for your situation. Deadlines and outcomes depend on the facts and the documents. Past results do not guarantee or predict a similar outcome.

Next step

Talk through your matter with an attorney.

Send a short summary through the intake form or call the office. The firm runs a conflict check before discussing details. Contacting the firm does not create an attorney-client relationship.

Call (949) 540-0439