Insights
Twelve publications. Each one addresses a specific analytical framework, defense methodology, or case law development in PAGA and wage-and-hour defense.
The "Two Hotels" Framework: Temporal Bifurcation in PAGA Penalty Analysis
Most PAGA exposure models treat the entire statutory period as a monolith. This is wrong. When an employer has demonstrably improved compliance during the PAGA period, the penalty analysis must account for two distinct operational realities.
Recoverable vs. Non-Recoverable Penalties Under PAGA: What the Statute Actually Authorizes
The distinction between what PAGA authorizes and what plaintiffs routinely demand is the single largest source of inflated exposure in PAGA litigation. Not all monetary remedies available under the Labor Code qualify as 'civil penalties' recoverable through PAGA.
Hohenshelt and the Death of Strict-Liability Forfeiture Under CCP § 1281.98
For five years, every Court of Appeal decision interpreting section 1281.98 reached the same conclusion: late payment of arbitration fees, for any reason, automatically forfeits arbitration rights. Then Hohenshelt changed everything.
Commission Forfeiture After Sciborski: The Liability Theory Nobody's Raising
California dealerships routinely condition commission payments on continued employment through deal funding. Under Sciborski v. Pacific Bell Directory, this practice is almost certainly unlawful — but it's rarely raised.
AB 2288 & SB 92: A Defense-Side Roadmap to the 2024 PAGA Reforms
The 2024 PAGA reforms created the most significant shift in PAGA defense strategy since the statute's 2004 enactment. This roadmap maps every new provision to a concrete defense action.
Statistical Sampling in Wage-and-Hour Defense: Building a Duran-Compliant Framework
In PAGA and class action matters involving large employee populations, the battle over statistical methodology often determines the outcome. Duran v. U.S. Bank National Association sets the constitutional floor.
Headless PAGA and the Leeper Question: A Defense-Side Analysis of the Appellate Split
The California Supreme Court is deciding whether PAGA plaintiffs can disclaim individual claims while pursuing representative penalties. The answer will reshape every arbitration strategy in the state.
Drafting PAGA Settlement Approval Motions After Moniz: A Practitioner's Framework
PAGA-only settlements lack the established procedural frameworks of class actions. The Moniz three-part purpose test and the Kullar investigation standard create specific requirements that most motions fail to meet.
Challenging Plaintiff's Expert: A Deposition Framework for Statistical Sampling
The battle over statistical methodology often determines the outcome in PAGA and class action matters. A structured deposition framework can dismantle a plaintiff's sampling expert systematically.
The Regular Rate Problem: Why Every Commission Plan in California Is a Ticking Clock
California's regular rate requirements interact with complex compensation structures in ways that create systemic, often undetected, underpayments. The math is where the real exposure lives.
The Naranjo Cascade: How One Meal Period Violation Generates Four Independent Penalty Streams
A single missed meal period triggers a premium (§ 226.7), a default PAGA penalty (§ 2699(f)(2)), a derivative wage statement penalty (§ 226(e) via Naranjo), and waiting time penalties for separated employees (§ 203). Most demands don't itemize the cascade. Most defense analyses don't either.
Manageability After Estrada: Using § 2699(p) to Limit PAGA Scope
The 2024 reforms gave trial courts explicit authority to limit the evidence and scope of PAGA claims based on manageability. Estrada provides the constitutional foundation. Together they create the most powerful scope-limitation tool in PAGA defense.